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Home My WebLink AboutDR 2008-09CITY QF, AMOND B%^{R GIAYIIIU BAR1 1989 Community Development Department – 21825 Copley Drive – Di fii{{ ond1", 2091x-6 Name of Proposed Project: Location of Project: a -?3? CLI=Ae2 C (=E Legal Description of Project (Assessor's Parcel No.): 8? r 3 — 039 -(Do Planning Division Application Form Part 1 www.CityofDiamondBar.com Q Applicant's Name: Phone Number: 2 0)Z /7 26- 3_ D3 Fax Number: Address: Legal Owner's Name (if different from above): Phone Number: Address: Type of Review Requested (Please Check All Applicable Boxes) Administrative Review General Plan Amendment Annexation Minor Conditional Use Permit Comprehensive Sign Program Minor Variance Conditional Use Permit Planned Unit Development Development Review Plot Plan Development Agreement Preliminary Review Development Code Amendment Specific Plan Amendment Detailed Description of Proposed Project (Attach Additional Sheets if Necessary) S Ci P—i— h 0,4 se, Subdivision Tree Permit Variance Zone Change Zoning Clearance Other: certify that / am presently the legal owner of the above-described property. Further, / acknowledge the filing of this application and certify that all of the above information is true and correct. (if the undersigned is different from the legal property owner, a letter of authorization must accompany the D _ L Signature: j f ji Date: _ OQ Signatur Print Name and Title: J v (J J Print Name and 7Title: f 11K )I WIV ComfTDev/AppVUniformAppVUniform Application—Updated 10/17/2006 Page 1 of 2 Planning Division I I Application Form Part 2 1.969 Community & Development Services Department – 21825 Copley Drive` `Diamond Bar, CA17 (909) 8397030wwwCyofDlamondBm Prlluject Location: Applicant: ( Contact Person: I .–r, Address: 1 / / f / A T GL C/ E -Mail Address: Phone Number: Je QD' q og - F6 I - 3 y- 6/- 3 ,9 N Additional Contact Person: (Please specify name, company, title) Address: E -Mail Address: Phone Number: Legal Property Owner: Address: d FQ Fax: E -Mail Address: Phone Number: 0 6 l Architect: Address: Phone Number: Engineer: Address: Phone Number: Landscape Architect: 2 I a 6,Y -o (4 I CI Phone Number: X/ Ll — t;- ?F -10L) c7 CommDev/AppVUniformAppl/Uniform Application—Updated 10117/2006 E -Mail Address: E -Mail Address: E -Mail Address: Page 2 of 2 PLANNING C40MMISSION RESOLUTION NO. 2008-21 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2008-09 AND TREE PERMIT NO. 2008-02, TO CONSTRUCT A NEW 4,754 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 770 SQUARE -FOOT THREE -CAR GARAGE ON A 54,014 SQUARE FOOT (1.24 ACRE) LOT, LOCATED AT 2738 CLEAR CREEK LANE (APN: 8713-039-002, LOT 02, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owner, Ashley Tran, and applicant, PK Development, have filed an application for Development Review No. 2008-09, and Tree Permit No. 2008-02, for property located at 2738 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500400t radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 10, 2008, 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. This 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 finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA) and Guidelines promulgated there under. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. .,., The Planning Commission hereby specifically finds and determines that, a whole` including the findings` set forthhavingconsideredtherecordas 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: a) The project site is located at 2738 Clear Creek Lane (Lot 2 of Tract 30577), Diamond Bar, California; b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum Dwelling/Lot; c) The project site is within the Single Family Residence -Minimum Lot Size of 1 -acre (R-1-40,000) Zone interpreted as Rural Residential RR) Zone; d) Generally, to the north is Single Family Residential -Minimum Lot Size of 1 -acre (R-1-40,000) zone; to the east is out of city limits; to the south is the Firestone Boy Scout Reservation; and to the west is Single Family Residential- Minimum Lot Size of 1 -acre (R-1-40,000). e) The Application request for the construction of a new 4,754 square - foot, single-family residence with an attached 770 square -foot three - car garage on an existing 54,010 square -foot (1.24 acre) lot. Development Review f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 9995, the City adopted its General Plan. Although Tract No. 30577, Lot 02 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and 2 Planning Commission Resolution No. 2008-21 strategies related to maintaining the.,integrity of ,residential neighborhoods and open space, and the Rural Residential (minimum lot of 9 -acre) land use designation. The proposed project consists of a new 4,754 square -foot, single- family residence with an attached 770 square -foot three -car garage. Hence, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development in this surrounding community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean), architectural style, colors. and material will match other existing homes within the community. g) 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; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed construction of a new 4,754 square -foot, single-family residence with an attached 770 square -foot three -car garage established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the 3 Planning Commission Resolution No. 2008-21 surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines arn-d City's`General`Plan. As a result, the proposed project will makitain'the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. i) 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 and will retain a reasonably adequate level of maintenance; As referenced in the above findings (t), (g), and (h), the proposed project 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 while offering variety in color and texture and a low level of maintenance. j) The proposed development will not be detrimental to 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; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct CEQA), Section 15303 (a), 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 on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: 4 Planning Commission Resolution No. 2008-21 Planning Division 1) The project shall substantially conform to site plan, floor plans, roof plan, elevations, and sections collectively labeled as Exhibit "A" dated June 10, 2008, as submitted and approved by the Planning Commission, and as amended herein; 2) Prior to plan check approval, the applicant shall make the following revisions to the architectural elevations to the satisfaction of the Director: Front (West) Elevation o Adjust the vertical proportions at the entry o Address the incomplete -appearing window surrounds at Bedroom #1 and the garage (located at the left and right sides of the first floor, respectively) o Revise the awkward wall recess and column treatment at Bedroom #1 and #2 o Replace the three -over -one window grids at Bedroom #2 with full grids to match the rest of the windows. Right (South) Elevation- Add grids to the windows. 3) Prior to grading or building permit issuance, the applicant shall submit an updated arborist report providing mitigations and/or mitigations for the protections and preservation of the one oak tree; 4) The applicant shall place a chain link fence with a minimum height of five feet at least five feet outside the drip line of the oak tree to be protected and preserved prior to commencement of work; 5) The maximum exposed face of any retaining wall shall not exceed six feet in height. The walls shall be constructed of decorative masonry materials approved by the Director. All retaining walls shall be screened with approved landscape materials; 6) The property owner shall execute and record a Covenant and Agreement to maintain a single-family residence. b. PUBLIC WORKS DIVISION 1) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's 5 Planning Commission Resolution No. 2008-21 requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of wall/footing'and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; 2) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; 3) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; C. BUILDING AND SAFETY 1) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; 2) 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; 3) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; d. STANDARD CONDITIONS 1) The applicant shall comply with the standard development conditions attached hereto; 6 Planning Commission Resolution No. 2008-21 The Planning Commission shall. 444 a) Certify to the adoption of this Resolution; and b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ashley Tran, 8940 Deira Lane, Anaheim, CA 92804 and P.K. Development, Attention: Paul Kaitz, 2739 Steeplechase Lane, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 10th OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 6x Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of June 2008, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners ABSENT: Commissioners: ATTEST: Lee, Shah, Nolan, Chair/Nelson None VC/Torng Mn-n,- 7 nna 7 Development Review No. 2008-09 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No 2008-09 and Tree Permit No. 2008-02 SUBJECT: New two-story Single Family Residence PROPERTY OWNER: Ashley Tran APPLICANT: Paul Kaitz LOCATION: 2738 Clear Creek Lane, 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. 2008-09 and Tree Permit No. 2008-02 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: 8 Planning Commission Resolution No. 2008-21 Applicant-_ shall provide a_ defense to the City defendants or at the City's option reimburse the City its costs ofl 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 claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2008-09 and Tree Permit No. 2008-02, 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. 2008-21, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 9 Planning Commission Resolution No. 2008-21 10.. The single-family . residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The, property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2008-09 and Tree Permit No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, 10 Planning Commission Resolution No. 2008-21 landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, e Specific'Plan;`and the i Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites forthe planting of protected/preserved trees and additional species to mask the retaining wall height. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 5. Retaining walls shall not exceed an exposed height of 42 inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 11 Planning Commission Resolution No. 2008-21 APPLICANT SHALL CONTACT THE PUBLICWORKS DEPARTMENT, (909) 839-704.0, FOR COMPLIANCE WITH THE FALLOWING 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 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. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 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. 12 Planning Commission Resolution No. 2008-21 3. Finished'slo'pes shall coriform10--City`Code-'Sectio 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 and a permanent irrigation system shall be installed. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13 Planning Commission Resolution No. 2008-21 13. Final grade--certifications by_- project soils and civil,.,engineers -shall. be submitted to the Public Works Department prior to the issuance-.of- any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Insert as required) Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. E. SEWERS/SEPTIC TANK 1. Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 2. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable 14 Planning Commission Resolution No. 2008-21 construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building orworkauthorizedbysuchpermitisnotcommencedwithin180daysfromthe date of such permit. 4. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/off, occupant sensor. 6. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 7. Specify 5/8" type X between the garage ceiling and the livable space above. Specify 1-3/8 solid core self closing door between the house and garage. 8. A height survey may be required at completion of framing. 9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. 15 Planning Commission Resolution No. 2008-21 Walnut Uall:ey.. School District,_, 880 S. Lemo_ n Ave Walnut, CA 91786 909) 595-1261 11. Please submit a total of 5 full set of plans including the grading for review to the Building 8& Safety Division after the plans have been approved by the Planning Division/Commission. 12. All balconies shall be designed for 1001b. live load. 13. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 14. Indicate all easements on the site plan. 15. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. 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. 18. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 19. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 20. Specify location of tempered glass as required by code. 21. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 22. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 16 Planning Commission Resolution No. 2008-21 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMOUANCE'WITWTNE FOLLOWING=CONDITIONS: 1. 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'/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4ZWr 17 Planning Commission Resolution No. 2008-21 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-31 17—www.Cityofdiamondbar.com AGENDA ITEM NUMBER MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION 7.3 June 10, 2008 Development Review No. DR 2008-09 & Tree Permit No. 2008-02 2738 Clear Creek Lane Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a 4,754 square -foot, two-story, single- family residence with an attached 770 square -foot three -car garage on an existing 54,010 lot and the protection and preservation of one oak tree. IW:Z0],: 1:4WAiINT1z1 :j APPLICANT: Ashley D. Tran 8940 Deira Lane Anaheim, CA 92804 Paul Kaitz PK Development 2739 Steeplechase Lane Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: The applicant, requests approval of plans to construct a 4,754 square -foot, two-story, single-family residence with an attached 770 square foot three -car garage, and a tree permit to protect and preserve one oak tree located in the front yard. The project site is located near the terminus of Clear Creek. The project site is a generally rectangular shaped vacant lot containing 54,010 square feet (1.24 acres). On January 28, 2003, the proposed project was approved by the Hearing Officer via Resolution 2003-02. However, the applicant was not able to begin construction prior to project approval expiration date, and has resubmitted an application to commence the construction of the originally approved plans. ANALYSIS: A. Review Authority (DBMC § 22.48) The Planning Commission is the review authority for the construction of a single- family residence via a Development Review application. B. Site and Surrounding General Plan, Zoning, and Uses C. Development Review (DBMC § 22.48) Page 2 Development Review 2008-09 & Tree Permit No. 2008-02 General Plan Zone Applicable Uses Designation Development Code Standards Site Rural Residential R-1 (40,000) RR Single Family Residence North Rural Residential R-1 (40,000) RR Single Family Residence South Out of City N/A N/A Firestone Boy Scout Reservation East Out of City N/A N/A City of Chino Hills West Rural Residential R-1 (40,000) RR Single Family Residence C. Development Review (DBMC § 22.48) Page 2 Development Review 2008-09 & Tree Permit No. 2008-02 1. Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for residential development in the Rural Residential Zone: Development Standards Comparison Table Development Development Proposed Meets Feature Standards Requirements Front setback 30 feet Approximately Yes 60 feet Side setbacks 15 feet and 10 feet 11 feet- North Yes 32 feet- South Side yard minimum 45 feet- North & Yesbetweenstructures25feet 53 feet- South on adjoiningparcels Rear setback 25 feet Approximately Yes70feet Lot coverage 30% 8% Yes Building height limit 35 feet maximum 33 feet Yes Hillside As required by Two -Story Development Chapter 22.22 Dwelling Yes Hillside Mgt.) Landscaping 50% of the front yard o o Yes in landscaping50 Walls located in the 3'-6" 3'-6" Yes 30 foot front setback 2 spaces fully 3 spaces fullyParkingenclosedgarage enclosed Yes 20'x20') Page 3 Development Review 2008-09 & Tree Permit No. 2008-02 2. Site and Grading The project site has an upward slope of approximately 66.7 percent in an easterly direction. A proposed building pad will be located towards the center of the lot. The plans indicate 503 cubic yards of cut and 495 cubic yard of fill will be required. There will be no import or export volumes to be added or removed from the site. 3. Architectural Features, Colors, Materials, Floor Plan, Etc. The architecture of the proposed single-family residence is Mediterranean, with features to include the following: tile roof, smooth stucco walls, multi - paned windows with molding trim surrounding the doors and windows. The architectural design and colors are consistent with the surrounding architecture of the neighborhood. The proposed dwelling units contain four bedrooms and four bathrooms. The first floor includes a three -car garage on the south side of the structure, as well as a library, den, laundry room, and two bedrooms. The second floor contains a master bath, located above the three -car garage, the master bedroom, living room, dining room, kitchen, nook, family room, and a bedroom. Staff recommends the following architectural enhancements, which can be addressed during plan check: Front (West) Elevation o Adjust the vertical proportions at the entry o Address the incomplete -appearing window surrounds at Bedroom #1 and the garage (located at the left and right sides of the first floor, respectively) o Revise the awkward wall recess and column treatment at Bedroom #1 and #2 o Replace the three -over -one window grids at Bedroom #2 with full grids to match the rest of the windows. Right (South) Elevation -Add grids to the windows. Staff has included a condition to resolve these design issues for the Planning Commission to consider. 4. Landscaping and Preserved/Protected Trees (DBMC § 22.24) A preliminary landscape plan was submitted and reviewed as part of the application. The applicant has proposed front yard landscaping, which greatly exceeds the required 50 percent. The landscape plans also show Page 4 Development Review 2008-09 & Tree Permit No. 2008-02 landscaping around the main dwelling to enhance the building. One oak tree is located within the 30 -foot front yard setback. The applicant has submitted an application to protect and preserve this tree, which is outlined in the arborist report, dated July 17, 2002. The report indicates the tree's aesthetic condition and general health appears to be good; however, it is infested with insects and disease. The report recommends protective measures pursuant to Development Code Section 22.38. Given that the report was completed six years ago, staff has included a condition for the applicant to submit an updated Arborist Report, which shall include recommendations and/or mitigations for the existing tree. 5. Covenant and Agreement A condition of approval requires the property owner to complete and record a Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 6. HOA and Additional Review The subject site belongs to the Diamond Bar Country Estates Homeowners Association, which have reviewed and approved the proposed development. The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. D. 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. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 (a) of the CEQA Guidelines (new construction of one single-family residence). Therefore, no further environmental review is required. Page 5 Development Review 2008-09 & Tree Permit No. 2008-02 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. RECOMMENDATION: Staff recommends that the Planning Commission conditionally approve Development Review No. 2008-09, and Tree Permit No. 2008-02 Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepar David Alvarez Assistant Planner Reviewed b Greg Gubman, AICP Planning Manager Attachments: 1. Draft Resolution; 2. Administrative Review Resolution No. 2003-02; 3. Aerial; 4. Exhibit "A"- site plan, floor plans, roof plan, elevations, and sections. Page 6 Development Review 2008-09 & Tree Permit No. 2008-02 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2008-09 AND TREE PERMIT NO. 2008-02, TO CONSTRUCT A NEW 4,754 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 770 SQUARE -FOOT THREE -CAR GARAGE ON A 54,014 SQUARE FOOT (1.24 ACRE) LOT, LOCATED AT 2738 CLEAR CREEK LANE (APN: 8713-039-002, LOT 02, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Ashley Tran, and applicant, PK Development, have filed an application for Development Review No. 2008-09, and Tree Permit No. 2008- 02, for property located at 2738 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing forthis project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 10, 2008, 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: This 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 finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA) and Guidelines promulgated there under. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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: a) The project site is located at 2738 Clear Creek Lane (Lot 02 of Tract 30577), Diamond Bar, California; b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum Dwelling/Lot; c) The project site is within the Single Family Residence -Minimum Lot Size of 1 -acre (R-1-40,000) Zone interpreted as Rural Residential RR) Zone; d) Generally, to the north is Single Family Residential -Minimum Lot Size of 1 -acre (R-1-40,000) zone; to the east is out of city limits; to the south is the Firestone Boy Scout Reservation; and to the west is Single Family Residential- Minimum Lot Size of 1 -acre (R-1-40,000). e) The Application request for the construction of a new 4,754 square - foot, single-family residence with an attached 770 square -foot three - car garage on an existing 54,010 square -foot (1.24 acre) lot. Development Review f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 1995, the City adopted its General Plan. Although Tract No. 30577, Lot 02 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies E related to maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (minimum lot of 1 -acre) land use designation. The proposed project consists of a new 4,754 square -foot, single- family residence with an attached 770 square -foot three -car garage. Hence, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development in this surrounding community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean), architectural style, colors and material will match other existing homes within the community. g) 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; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding 0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed construction of a new 4,754 square -foot, single-family residence with an attached 770 square -foot three -car garage established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review 3 Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. i) 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 and will retain a reasonably adequate level of maintenance; As referenced in the above findings (0, (g), and (h), the proposed project 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 while offering variety in color and texture and a low level of maintenance. j) The proposed development will not be detrimental to 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; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct CEQA), Section 15303 (a), 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 on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: 0 a. Planning Division 1) The project shall substantially conform to site plan, floor plans, roof plan, elevations, and sections collectively labeled as Exhibit "A" dated June 10, 2008, as submitted and approved by the Planning Commission, and as amended herein; 2) Prior to plan check approval, the applicant shall make the following revisions to the architectural elevations to the satisfaction of the Director: Front (West) Elevation o Adjust the vertical proportions at the entry o Address the incomplete -appearing window surrounds at Bedroom #1 and the garage (located at the left and right sides of the first floor, respectively) o Revise the awkward wall recess and column treatment at Bedroom #1 and #2 o Replace the three -over -one window grids at Bedroom #2 with full grids to match the rest of the windows. Right (South) Elevation- Add grids to the windows. 3) Prior to grading or building permit issuance, the applicant shall submit an updated arborist report providing mitigations and/or mitigations for the protections and preservation of the one oak tree; 4) The applicant shall place a chain link fence with a minimum height of five feet at least five feet outside the drip line of the oak tree to be protected and preserved prior to commencement of work; 5) The maximum exposed face of any retaining wall shall not exceed six feet in height. The walls shall be constructed of decorative masonry materials approved by the Director. All retaining walls shall be screened with approved landscape materials; 6) The property owner shall execute and record a Covenant and Agreement to maintain a single-family residence. b. PUBLIC WORKS DIVISION 1) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's 5 requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; 2) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private- street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; 3) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; C. BUILDING AND SAFETY 1) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; 2) 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; 3) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; d. STANDARD CONDITIONS 1) The applicant shall comply with the standard development conditions attached hereto; 0 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: Ashley Tran, 8940 Deira Lane, Anaheim, CA 92804 and P.K. Development, Attention: Paul Kaitz, 2739 Steeplechase Lane, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 10th OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. C`V Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of June 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No 2008-09 and Tree Permit No. 2008-02 SUBJECT: New two-story Single Family Residence PROPERTY OWNER: Ashley Tran APPLICANT: Paul Kaitz LOCATION: 2738 Clear Creek Lane, 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 Development Review No. 2008-09 and Tree Permit No. 2008-02 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: 3 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 claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2008-09 and Tree Permit No. 2008-02, 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. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 9 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2008-09 and Tree Permit No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit A" including: site plans, floor plans, architectural elevations, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 10 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittal, a final 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 matk the retaining wall height. 3. Prior to the Planning. Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 5. Retaining walls shall not exceed an exposed height of 42 inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.). Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 11 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 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. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 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. 12 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 and a permanent irrigation system shall be installed. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13 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 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 (Insert as required) Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. E. SEWERS/SEPTIC TANK Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 2. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable 14 construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/off, occupant sensor. 6. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 7. Specify 5/8" type X between the garage ceiling and the livable space above. 13/8 solid core self closing door between the house and garage. 8. A height survey may be required at completion of framing. 9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. 15 Walnut Valley School District 880 S. Lemon Ave Walnut, CA 91786 909) 595-1261 11. Please submit a total of 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 12. All balconies shall be designed for 1001b. live load. 13. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 14. Indicate all easements on the site plan. 15. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. 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. 18. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 19. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 20. Specify location of tempered glass as required by code. 21. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 22. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 16 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 '/4 inch ,or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 17 do -737.91899C9 T. FnmmickTalceichi w 4249 Ccilijbmia Avenue Grand & Shotgun) Index Arborist Report Quercus agrifdlia PAGE DESCRIPTION PAGE NUMBER Reportcover...................................................................... I Index.......................................::....................................... I ReportGenerated for........................................................... 2 R-po: t :°--pared by............................................................. ? Species............................................................................. 3 PhysicalStructure......................:........................................ 3 Aesthetic Assessment ................... :............ ............................ 3 Condition.................................................................. 3 Evaluationof Health..............................................................4 Insects...................................................................... 4 Disease..................................................................... 4 Vigor........................................................................ 4 Health....................................................................... 4 Condition.................................................................. 5 Roots........................................................................ 5 Trunk....................................................................... 5 Location............................................................................. 6 Health Improvement Recommendations ...................................... 7 Impactof Proposed Driveway...................................................7 Guidelines for Oak Preservation During Construction. 7 General Recommendations for ALL Oak Preservation .................. 10 Resources...................:...................................................... 13 Aboutthis Report................................................................ 14 Logation of Oak on Grading Plan .............................................. 15 Photo 1, Oak from above (North), looking South ........................... 16 Y Photo 2, Oak from South looking North ....................................... 17 Plt(jo , 1Jiew of multi-st,uns..................................................... 13 Photo 4, View of Concrete block structure and main trunk measurement 19 Photo 5, 6 Views of included bark with borer exit holes ................... 20 Photo 7, Foliage indicating oak case -moth damage .......................... 21 Photo 8, full view with Cardinal Orientation and canonv spread measure loo!dng No !hward................................................................. 22 11 Integrated Solus. is 4249 .California Avenue, Norco, CA 92860- 409.737.9189 2 uercus agrifo ia, Coast Live Oak Located at an undeveloped property 3833 Clear Creek, Diamond Bar, CA. r REPORT GENERATED AT THE REQUEST OF: Lauren Tran. 9012 Marie Lane Garden Grove; CA 9284i 562) 577.7222 REPORT PREPARED 5Y: Integrated Solutions Tracey Emmerick Takeuchi, B.S. Certified A,-b%rist "NE -2301A PCA 1109 QAL 33933 4249 California Avenue Norco, CA 92860-1770 909) 737.9189 0 3 QUERCUS AOR1FOLIA, COAST LIFE OAK SITE FINDINGS: Date of review -July 17, 2002 Temperature 96.0 F Wind- calm PHYSICAL STRUCTURE Height- 45.0' Diameter at Breast Height (DBH)-57 3/4 " (multi stem -7) Canopy circumference 116.0 feet Cardinal measurements from trunk to vertical drip line: o North 19'1" o South 16'8" o East 247' o West 26'4" AESTHETIC ASSESSMENT Condition -good o Tree is elliptical in canopy spread, seven multi -stems from bifurcating at above soil line at eight inches; crown appears balanced with minimal excessive end weight. Included bark at multi -stem attachments (see , photo) is present and could pose a hazard should excessive end weight develop. 3 Integrated Solute„ is 4249 California Avenue, Norco, CA 92860 909.737.9189 4 Sweeping branching is normal for this species. Reco=endation to remedy structure -none at this time. EVALUATION OF HEALTH Insects infesting tree -yes. M o Termites (few, presently appears insignificant.) Monitor. o Borers, possible Pacific Flatheaded Borer o . Oak Ribbed Casemaker d o Oak whitefly o Ants W'__fle a multitude of i_lects appear to inha - t r'- s' Le, it appears to be in biological balance over all. Disease infesting tree -yes. o Oak Twig Blight (minor). Vigor - o Tree appears to be in good vigor with 98% canopy coverage and minor negative impact from insects inhabiting it. o Color of foliage excellent. o Minor deadwood, less than 5%. Health rating based on archetype of tree International Society of Arboriculture Standard) - 80.0% (based on 100% being perfect). o Species -90% s California Inland Native 4 M o Condition -75% The condition rating of this tree is reduced to 75% due to included bark on two of the seven multi -stems; basally located (see photo), which could result in the limb failure at some future time, particularly should excessive end weight be allowed to develop on these stems. While there is no indication that immanent failure will occur, the presence of included bark, with boring insect exit holes nearby, bears monitoring. Roots- Anchorag;, appears good Collar sound No obvious mechanical injuries evident. No evidence of root disease, including Armillaria. a T runk- o Bark sound and without cavities - o Evidence of termites and borer exit holes. Multi -stem (7) o Included bark at attachment of stems photo). This is the most potentially serious issue affecting this tree. Scaffolds branches 5 Integrated Solub,_.s 4249 California Avenue, Norco, CA 92860 109.737.9189 6 o Most appear good with two having included bark near the base at the attachment points. Higher canopy well developed with minor evidence of limb failure. Structure good in upper canopy. o It does not appear that this tree has had any significant pruning. Smaller branches and Twigs N^ o Evidence ofCasOm. ker a damage (minor). o General condition excellent, well distributed in classic elliptical Q. agrifolia pattern. s Foliage- o Good color. o Little affect from insects/disease. o Nutrient levels appear good. Growth good. o Location -75% Base of slope, approximately five feet from street. Impact from installation of street appears negligible. b Impact of installation of driveway to Left (N) of tree can be mediated with 6 little impact to tree if Oak Protection Guidelines is followed. a Health improvement plan -Avoid allowing F excessive end weight development on- scaffold branches. Continue to monitor for excessive end weight that could contribute to later destabilization of the multi -stems. Impact of Proposed driveway installation - The impact of the proposed driveway installation for the Q. agrifolia can be mediated to minimal should the guidelines detailed be adhered to. Impacts to oaks can be devastating if the guidelines are not implemented and adhered to from the pre -construction phases to the onset of constructiGn, including yi2lilrv:iar/ grading, oft site. GUIDELINES FOR OAK PRESERVATION E)UR.NI0 CONSTRUCTION (SITE SPECIFIC) The proposed driveway will require 20 feet of space beginning from the existing concrete block structure and extending toward the trunk of the oak tree. '? he oak tree's :Hain trunk is tvlenty-six feet and four inches (26' 4") from the closest edge (see photo #4) of the concrete block structure. Installation of a temporary protective fence at five feet from the trunk of the tree will ensure a one foot four inch working buffer around the construction zone of the WEST side of the tree. This area can be reduced to four feet if absolutely necessary. The remainder of the protective fencing should be located at a minimum of five feet outside of the vertical drip line of the remainder of the canopy. This area inside the temporary fence is known as the Protected Management Zone (PMZ). Where the driveway installation will encroach within the drip line of the tree the ,excavation and any other construction impacts should come no closer than within five feet of the trunk of the tree. This limitation is applicable only to the side directly to the right of 7 Integrated Solute,. ,s 4249 California Avenue, Norco, CA 92860 j09.737.9189 the existing concrete block structure. The remainder of the tree having temporary protective fencing five feet outside of the vertical drip line, being the construction limitation in those areas. In order to avoid construction impacts to the tree the canopy on the West side (to the right of the existing concrete block structure) should be raised and respected by all construction personnel. A Qualified Certified Arborist familiar with Crown Raising technique and Oak tree preservation should accomplish this. Based on the evaluation of this tree the crown may be raised with only slight impact to the tree if accomplished following the International Society of Arboriculture pruning standards. In order to maintain a balanced appearance to the tree it may be necessary to raise the crown uniformly. Thinning and pruning of the overall canopy should be limited to dead wood only except where the crown must be raised to aiiow for construction equipment. Only that tissue absolutely necessary to ensure equipment clearance under the canopy should be eliminated. Every effort to avoid conditions leading to sunscald of tissue should be considered. if, foiiowing the raising of the canopy, any large branches over 6.0" is removed the tree should have sun - shading material erected in order to protect the newly exposed, previously shaded, bark tissue from sunscald. Pruning to leaders, which can assume a dominant role, is required. Storage of construction equipment and materials, including personal items, gasoline or fuel powered equipment, concrete; etc is prohibited within the vertical drip line and fenced protection zone of the oak. No increase in grade should occur within the protected zone or vertical drip line of the oak. Grade decreases should be outside the vertical drip line except in the immediate driveway path. When excavating near the tree any tree roots encountered, especially those exceeding 6.0" in diameter shall have the soil hand dug away to expose the root, taking care to avoid injury to root, and cut cleanly with a circular type saw. No tar or sealshould be applied to cut roots or stems. 8 OR Removal of roots, once cut as described above, shall be in a direction away from the main trunk of the tree. Fulling upwards on roots, towards the trunk of the tree shall NOT be done -or injury to the buttress may result. Removal of oak leaves should be avoided. Move leaves into the fenced protection area and retain to act as mulch within the vertical drip line. If the leaves must be removed from under the trees canopy a four -inch deep layer of 1-2" course wood chip mulch should be applied within the PMZ. Do not use soil topper, ground m__»lch or other fineivrolmd materials as mulch. Integrated Solutions 4249 California Avenue, Norco, CA 92860 909.737.9189 10 GENERAL RECOMMENDATIONS FOR OAK TREE PRESERVATION: No pruning should occur in excess of 10%. Every effort should be made to work around limbs and not impact them with construction equipment. In the event that impact from con uction equipment seems-, likely a Qualified Certified Arborist should raise the canopy of the tree in ONLY THOSE AREAS previously determined likely to have construction impacts from equipment. No blunt cuts of limbs should occur. Limbs should be removed to nearest dominant lateral. All trimming should follow International Society of t-UAibGiicullix2 standards hi the -inost recent re vision otl ..he ANSI a standard for pruning or National Arborist Association guidelines. Construction should not impact the root system of the oak any closer than S feet outside of the current vertical drip iine- known as the Protected Management Zone or PMZ. No excavation within the PMZ should occur. Backhoes or other tractor type digging equipment is prohibited within the protected zone and should be discouraged at and near the area directly adjacent to the PMZ. Oak roots encountered outside the PMZ that must be severed shall be hand excavated or water excavated and cut with handsaws or circular type saws as described below (small Makita type). Removal of roots shall be accomplished by excavating with water or by hand and followed by cutting cleanly through the root. Avoid jagged cuts or tears. Pull root in a direction away from the trunk to liberate the root from the soil. Never pull roots upwards in a direction towards the trunk or injury to the root collar/buttress may result. Bridging over major roots, when encountered, will aide in preservation. v Avoid compaction of the soil within the PMZ. 10 11 Do not alter the grade of the soil within the PMZ. Natural leaf litter/mulch should be distributed evenly over the PTVIZ. No materials storage should occur within the PNIZ-at anytime. Irrigation should not be installed within the PPIVE u less signs of die back occur following construction. Irrigation. should only occur at the vertical drip line of the tree. Changes in soil tilth, increased compaction from construction, including foot traffic, and disruption of the currently available soil moisture, including subterranean sources presently unidentified, may result in reduced ability of the tree to obtain sufficient water. Should indications that the tree is water stressed become apparent occasional deep watering, might become necessary. ZWinter • nter moisture and summer drought are norrrial for oaks and this method of irrigation should be respected following completion of construction and re -stabilization of the oak. DO NOT irrigate oaks within three feet of the trunk. Construction will impact the root system of, and water availability to, native trees. Irrigation practices in the future will be critical to the long-term survivability of specimen trees. Do not plant accent plants within the PMZ unless they are similar water consumers as native oaks. No plant material should come within three feet of the trunk/buttress. Do not allow turf within the PMZ. REGARDING FERTILIZATION AND PEST MANAGEMENT -Oaks with suitable build up of natural leaf litter under the canopy should not need additional nitrogen fertilization. Highly desirable oaks may benefit from foliar protection and/or soil systemic applications of materials appropriate to suppress oak moth, oak borer, and other oak pests. ' 11 Integrated Solutions 4249 California Avenue, Nonce, CA 92860 909.737.9189 Application of humic acid containing nutrients may be beneficial in the event that the soil cover of natural duff has been removed. Trimming should be limited to dead wood removal and safety ping 61 12 12 13 RESOURCES -- Guide for Plant Appraisal, Eighth Edition, 1.992, Int)rrational Society of Arboriculture, Savoy 11, 61874. Diseases of Trees and Shrubs- 1987, Cornell University Press, Sage House, 512 East State Street, Ithaca, New York, 14850 Insects of the Los Angeles Basin, 1974, 1993 Natural -history Museum of Los gcl-s, Los Anngeles, CA 900 , - Landscape Plants for Western Regions, An Illustrated Guide to Plants for Vater Conservation, 1992, Bob Perry, Land esign -Publishing, Claremont, CA. Pests of Landscape Trees dud Shrubs, An !atzg-rated rest Managem r.: Guide -University of California Division of Agriculture and Natural Resources publication # 3359, 1994, Reagents " of the University of California, ANR Publications, 6701 San Pabio Avenue, 0axiand, CA 940-08 Sunset Western Garden Book, Sunset Publishing, Menlo, CA. Hortseript, March 1995, No. 11 Plant List and Procedures for Landscaping Under Native Oaks in the Central Valley, Cooperative Extension University of California Pamphlet. Species Classification and Group Assignment -an official publication of the Western Chapter International Society of Arboriculture, WCISA P.O. Box 255155, Sacramento, CA 95865 13 Integrated Solutic,, is 4249 California Avenue, Norco, CA 92860 &09.737.9189 14 ABOUT THIS REPORT This report was generated from visual inspection only without root collar excavation, increment boring or laboratory analysis. Additional tissue chemistry or pathology may be deemed necessary at some. future date and is not within the scope of this report. A tree value was not prepared, nor was it required within the scope of this report. ro The entire report is contained herein and any omission is not the responsibility of the generating parry. 14 LJ CL w'r V -ray ^.'• ,.. ti.a 2q: V \•Dsd a . Nii .-Y ' _. .< - C o^lmm.xti•s.r.a*-o..r pi+ .,. ,- max° -v'; •s ' meq"" '^ y . +- Mk > • +t+ . , _ . s lcaa+Aa .s.....p.+..q '*un..aT!'7.'— A'a. vow. y,m :. 1•i t N'r I A _i..fM y y •lL ti c low j °* - '''• ',. .+ a mai, : " ., . F: ". C+ '`ter % Kp"4 •t R l.'M^J.'!'YA.S ie;eTW.4+h!.wY hQMY i+'SF+Y1 T t . .. RR' yV. 7+Y his • 5 .. .it J' ,. .t f /i't j -. li."'i t 3'}5Y{>iB'n Y'b"'"""11 #.''J'4` df•s s. 9L 4.1!>< n.L++F3.ye.. 'u. .«a';.o s m 'Y/} lsiJ ,., I , y, +.I„ y, .. Ems, 1 .c.Y . Y s . f si F p # 7 "px' { l fir S K ` ,,,._ t 4 • ar is` sf,>.:.\t Tit v - n 44 rl, ii Yyrf i ' t'ir •{ Sc -'r, ". 1 .^ . aff• o i Nedti O. d'•a. r G- .. r } e ' 5 y a 0" Y K• i t i tI s f 6 K t' lr y L , I : ' ' 4.. 4S i Ri.: 4 --.s a t o i n •' i irrh S' t F f t -j\ f + ray J. K r r rUit.y 5 f.I r sF;r9 'art.- tri . 1. ss - .4.,«_. . r- ,, .. rt . Y1..i r. 2..t,.^u...c l., ,.. . t....•s .tP, :. \ - ii COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: SUBJECT: New 2 -Story Single Family Residence PROPERTY OWNER: Ashley Tran, D.D.S. APPLICANT: LOCATION: 2738 Clear Creek Lane ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR 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. 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. . Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/28/2008 1 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, bygrading 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 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. 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. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/28/2008 2 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/28/2008 3 E: UTILITIES (Not Applicable) - F. SEWERS/SEPTIC TANK 1. 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 NO[ and check to the City. Please refer to City handouts. 2. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles; County Health Department, California Water 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 (Not Applicable) END Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/28/2008 4 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS RESIDENTIAL STRUCTURES PROJECT #: DR 2008-09 SUBJECT: NSFR LOCATION: 2738 Clear Creek THE FOLLOWING CONDITIONS .APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE. BUILDING AND SAFETY DIVISION, 909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 M.P.H. exposures "C" Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 5/29/2008 1 and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen - and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:.00 a.m. and 7:00 p.m. 8. Specify 5/8" type X between the garage ceiling and the livable space above. 13/8 solid core self closing door between the house and garage. 9. A height survey may be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 909) 595-1261 12. Please submit a total of 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission . Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 5/29/2008 2 13. All balconies shall be designed for 1001b. live load. 14. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 15. Indicate all easements on the site plan. 16. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 17. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 18. 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. 19. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 20. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 21. Specify location of tempered glass as required by code. 22. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 23. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 24. 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. Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 5/29/2008 3 0 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. END R Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 5/29/2008 4 MAR -19-2008 WED 10:13 AM GLOBAL ESCROW SERVICES FAX NO. 1 909 860 3330 P. 04 Fidelity National Title Company 3760 Kilroy Airport Way, Suite 110 • Long Beach, CA 90806 562) 951.5200 • FAX (562) 951-5283 PRELIMINARY REPORT ORDER NO.: 19662072 TITLE OFFICER: Tracey Culley-RojasNicky Ezzell LOAN NO.: TO: Global Escrow 363 Diamond Bar Blvd Diamond Bar, CA 9176b ATTN: Jeffrey YOUR REFERENCE.: 036695 -JM SHORT TERM RATE: No PROPERTY ADDRESS; 273$ Clear Creek (Vacant Land), Diamond Bar, California EFFECTIVE DATE: March 11, 2008, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report Is: ALTA. Loan Policy (6/17/06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) 1; AN EASEMENT more fully described below as to Parcel(s) 2 2, TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Ashley D. Tran, it single woman 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF TS\kg 03/18/2008 t C11' tri CnCD v C3. tjj:!E c) cv EsDt_ cx r U iv 1 CLTA Preliminary Report Form - Modified (7 i/77/06) MAR -19-2008 WED 10:14 AM GLOBAL ESCROW SERVICES FAX NO. 1 909 860 3330 e. U5 Order No. 19562072 LEGAL DESCRIPTION EXHIBIT "ONE" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, SPATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel 1: Lot 2, of Tract No. 30577, in the City of Diamond Bar, County of Los Angeles, State of California, as per map recorded in Book 798 Page(s) 51 to 64 of maps, in the office of the County Recorder of said county Excepting therefrom all oil, gas, and other hydrocarbon substances and minerals now or at any time hereafter situated therein or thereunder or producible therefrom as reserved in the deed from Transamerica Development Company, recorded on March 29, 1968 in Book 0-3955 Page 185, Official Records of said county, and as modified by a quitclaim deed recorded May 20, 1970 in Book D-4718 Page 359, Official Records, which relinquish all rights to the use of the surface and subsurface to a depth of 500 feet from the surface of said land. Parcel 2: A non-exclusive easement to be used in common with others for ingress and egress over all those areas shown upon the map of Tract No. 30577 as "Private Streets" and over all those areas shown upon the map of Tract No. 30093 recorded in Book 794 Pagels) 24 to 28 inclusive of Maps, in the office of the County Recorder of said county as "Private Streets" and over all those areas shown upon the map of Tract No. 23483 recorded in Book 790 Page(s) 5 to 19 inclusive of Maps, in the office of the County Recorder of said county, as "Private Streets" and over all those areas shown upon the map of Tract No. 30091 recorded in Book 789 Page(s) 61 to 76 inclusive of Maps, in the office of the County Recorder of said county, as "Private Streets" and over all those areas shown upon the map of Tract No. 24046 recorded in Elook 789 Page(s) 76 to 82 inclusive of Maps, in the office of the County Recorder of said county, as "Private Streets". Said easement to be appurtenant to and for the benefit of the lot described in Parcel 1. Excepting therefrom any portion which falls within the lines of Parcel 1 above. Assessor's Parcel No: 8713-03f1-002 CLIA Preliminary Report Form - Modified (11117106) MAR -19-2008 WED 10:14 AM GLOBAL ESCROW SERVICES FAX NO. 1 909 860 3330 P. 06 Order No. 19562072 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS; 1. Property taxes, which are a lien not yetdue and payable, including any assessments collected with taxes to be levied for the fiscal year 2008-2009. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of . California. 3. Water rights, claims or title to water, whether or not disclosed by the public records. 4. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments tharoto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted In a document; Granted to: As therein provided Purpose: Utilities Recorded: May 22, 1969, Book M-3218, Page 32, of Official Records Affects: Over the West 5 feet, 10 feet on each side of said land and the East 10 feet of said land 6. Covenants, conditions and restrictions, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, martial status, disability, handicap, national origin, ancestry or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document referred to in the numbered item last above shown. Said covenants, condiflons and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: December 12, 1909, Book M-3366, Page 312, of Official Records Modificatlon(s) of said covenants, conditions and restrictions Recorded: September 4, 1975, instrument No. 2328,., Book M•5107, Page 377. of Official Records 3 CLIA Preliminary Report Form • Modified 0 1117/06) MAR -19-2008 WED 10:14 AM GLOBAL ESCROW SERVICES FAX N0, 1 909 860 3330 P. Ul ITEMS: (Continued) Order No. 19562072 Modification(s) of said covenants, conditions and restrictions Recorded: June 22, 1977, Instrument No. 77-665138, of Official Records 7. Covenants, conditionz; and restrictions in the declaration of restrictions but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, martial status, disability, handicap, national origin, ancestry or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: May 13, 1970, Book M•3487, Page 15, of Official Records 8. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Storm drain Affects: These portions designated as private streets on the map of said Tract No. 30577 9. Easementis) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: General Telephone Company of California, a Corporation Purpose: Public utilities Recorded: July 10, 1970, Book D-4769, Page 684, of Official Records Affects: Said land 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recorded: May 28, 1971, Instrument No. 5435, Rook D-5073, Page 434, of Official Records Affects: The Southerly 10 feet, Northerly 10 feet, Southeasterly 10 feet and also all those areas within Lots 1 to 97 inclusive of said Tract as shown as private and/or future streets' 11, Easements) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Future street or alley Affects: Said land 12. Recitals as shown on that certain map known as Tract No. 30577 recorded in Book 789, Pages 51 to 64 of Maps of Official Records, which among others things states; We herein dedicate to the County of Los Angeles the right to prohibit the construction of more than one residence and related accessory buildings on any one lot as recorded on this subdivision", 4 CLIA Preliminary Rcport form - Modified (11/17/06) MAR -19-2008 WED 10:14 AM GLOBAL ESCROW SERVICES ITEMS: (Continued) FAX NO, 1 909 860 3330 P. 08 Order No. 19562072 13. Notice that no transfer of title shall be made until requirements for transfer ofmembershipintheDiamondBarCountryEstatesAssociationOwners' Association havebeencompliedwithandanyunpaidassessmentsandtransferfeeshavebeenpaid. Owners Association: Diamond Isar Country Estates AssociationRecorded: July 11, 1985, Instrument No. 85-799750, of OfficialRecords 14. A deed of trust to seizure an indebtedness in the amount shown below, and any otherObligationssecuredthereby Amount: 5500,000.00 Dated: April 16, 2002 Trustor: Trustee: Ashley D. Tran, a single woman Beneficiary. Ashley D. Tran, a single woman National City Mortgage Co., an Ohio CorporationLoanNo.: 0000757693 Recorded: May 3, 2002, Instrument No. 020023921, of Official Records NOTE: Amended Civil Code Section 2141, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of eachDeedofTrustbeingpaidoffthroughthistransactionat845.00, The reconveyance feemustbeclearlysetforthintheBeneficiary's Payoff Demand Statement ("Demand"). Inaddition, an assignment or authorized release of that fee, from the Beneficiary to theTrusteeofrecord, mu;:t be included. An example of the required language is asfollows: The Beneficiary identified above hereby assigns, releases or transfers to the Trustee ofrecord, the sum of W5.00, included herein as 'Reconveyance Fees', for the processingandrecordationoftheReconveyanceoftheDeedofTrustsecuringtheindebtednesscoveredhereby, and the escrow company or title Company off isauthorizedtodeducttheReconveyanceFeefromthiseandandforwardd sathisdfeetotheTrusteeofrecordorthesuccessorTrusteeundertheTrustDeedtobepaidoffinfull." In the event that the reconveyance fee and the assignment, release or transfer are notincludedwithinthedemandstatement, then Fidelity National Title Insurance CompanyanditsUnderwrittenAgentmaydeclinetoprocessthereconveyanceandwillbeforcedtoreturnalldocumentationdirectlytotheBeneficiaryforcompliancewiththerequirementsoftherevisedstatute. 15. Matters contained in that certain document entitled "Maintenance Covenant forStandardUrbanStormwaterMitigation (SUSMP) Requirements" dated January 20, 2002, executed by As therein provided executed by and between As therein providedrecordedJanuary23, 2003, Instrument No. 03-0219524, of Official Records, whichdocument, among other things, contains or provides for: As therein provided. Reference is hereby made to said document for full particulars. 16. Matters contained in that certain document entitled "As therein provided" datedFebruary28, 2003, executed by Ashley D. Tran executed by and betwen City of Records, which document, among other things, contains Diamond Bar recorded Jima 25, 2003, Instrument No. 03-1823276, of Official e provided. or provides for: As therein Reference is hereby made to said document for full particulars. CLIA Preliminary Report Form - Modified (11/17106) MAR -19-2008 WED 10:14 AM GLOBAL ESCROW SERVICES FAX NO, 1 909 860 3330 P. 09 ITEMS: (Continued) Order No. 19562072 17. The application for title insurance was placed by reference to only a street address ortaxidentificationnumber. Based on our records, we believe that the description in this report covers the parcelrequested, however, If the legal description is incorrect a new report must be prepared. If the legal description is incorrect, In order to prevent delays, the seller/buyer/borrowermustprovidetheCompanyand/or the settlement agent with the correct legaldescriptionintendedtobethesubjectofthistransaction. 18. In order to complete this report, this Company requires a Statement of Information tobecompletedbythefollowingparty, Party: All Parties The Company reserves the right to add additional items or make further requirementsafterreviewoftherequestedStatsment(s) of Information. END OF ITEMS Note 1. The current owner does NOT qualify for the $20.00 discount pursuant to thecoordinatedstipulatedjudgmentsenteredinactionsfiledbyboththeAttorney Generalandprivateclassactionplaintiffsforthehereindescribedproperty. Note 2. Property taxes for the Fiscal year shown below are PAID. For proration purposes theamountsare: APN: Fiscal year 1st Installment. 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: 8713-039-002 2007-2008 1,381,44 PAID 1,381.43 PAID None Shown 230,560.00 0.00 None Shown 0010073 Note 3. The charge for a policy of title insurance, when issued through this title order, will bebasedontheBasic (not Short -Term) Title Insurance Rate. Note 4. If a county recorder, title insurance company, escrow company, real estate company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the documentProvidedshallincludeastatementregardinganyunlawfulrestrictions. Said statementistobeinatleast14 -paint bold face type and may be stamped on the first page of anydocumentprovidedorIncludedasacoverpageattachedtotherequesteddocument, Should a party to this tri,nsaction request a copy of any document reported herein thatfitsthiscategory, the statement is to be included in the manner described. CLTA Preliminary Roport Form - Modiftnd (11/17/o6) MAR -19-2008 WED 10:14 AM GLOBAL ESCROW SERVICES FAX NO. 1 909 860 3330 P. 10 ITEMS: (Continued) Order No, 19562072 Vote 5. The following is our wiring instructions: Bank of the West 1977 Saturn Street Monterey Park, CA :31755 ABA,# 121100782 Account# 8470031 ti9 IMPORTANT: Please reference the Title Officer and the Title Order number on all wires. Note 6. The policy of title insurance will include an arbitration provision, The Company or theinsuredmaydemandarbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of orrelatingtothispolicy, any service of the Company in connection with its issuance orthebreachofapolicyprovisionorotherobligation, Please ask your escrow or titleofficerforasamplecopyofthepolicytobeissuedifyouwishtoreviewthearbitrationprovisionsandanyotherprovisionspertainingtoyourTitleInsurancecoverage. END OF NOTES 7 Cl TA Preliminary Report Form - Modified 0 1/17/06) MAR -19-2008 WED 10:15 AM GLOBAL ESCROW SERVICES FAX NO. 1 909 860 3330 P. 13 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: I am employed by the City of Diamond Bair, Community Development Department. On May 29, 2008, a copy of the Notice of Public hearing regarding Development Review No. 2008-09 and Tree Permit No. 2008-02 for property located at 2778 Clear Creek, Diamond Bar, CA, was posted at the following locations: SCAQMD/Government Center, 21865 Copley Drive Diamond Bar Library, 1061 Grand Avenue Heritage Park, 2900 Brea Canyon Road I declare under penalty of perjury that the foregoing is true and correct. Executed on May 29, 2008, at Diamond Bar, California. Stella Ma' quez Community Development Depart n.t.. g:\\s\affidavit posting. doc f1— s DI IOA BaRII, UBLIC HEARINGNOTICEOFP City of Diamond Bar, 21825 Copley Drive:, Diamond Bar, CA 91765 (909) 839-7030 TO: Property Owners within a 500 foot radius of subject site FROM: City of Diamond Bar, Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law, that a public hearing will be held by the Planning Commission to determine whether or not the subject request shall be approved under the provisions of State law and the City of Diamond Bar Development Code as follows: DATE AND TIME OF HEARING: Tuesday, June 10, 2008, 7:00 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: South Coast Air Quality Management District Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 SUBJECT: Development Review No. 2008-09, and Tree Permit No. 2008-02 REQUEST: Development Review No. 2008-09, and Tree Permit No. 2008-02: Per DBMC Sections 22.48, and 22.52, a request to construct a new 5,700 square foot Single Family Residence on an existing 54,014 Lot, R1-40,000 zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR) and Tree Permit No. 2008-02 the protection preservation one oak tree. PROPERTY ADDRESS: 2778 Clear Creek, Diamond :Bar, CA 91765 (Tract 30577, Lot 02; APN 8713-039-002) PROPERTY OWNERS: Ashley Tran, 8940 Deira Lane, Anaheim, CA 92804 APPLICANT: Paul Kaitz, PK Development., 2739 Steeplechase Lane, Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: The City has determined that these projects are Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303 (e). Published in: San Gabriel Valley Tribune: Friday, May 30, 2008 Inland Valley Daily Bulletin: Friday, May 30, 2008 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/Planning Division at the address given below. To preview case materials or for further information on this subject please contact the Community Development Department/Planning Division 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 the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, at the Community Development Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. AREA MAP: T North Subject (not to scale) tr tr 65,7:.6 a• 2: l;a,a 3/deli" \... YVW: 5203- P:.st. 35 Space below for use of County Clerk only) INLAND VALLEY DAILY BULLETIN formerly the Progress Bulletin) 2041 E. 4th Street Ontario, CA 91764 PROOF OF PUBLICATION 2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation printed and published daily for the City of Pomona, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 5/30/08 I declare under penalty of perjury that the foregoing is true and correct. Execu .4d at Ontario, San ernardino Co. California thi3 0 day of U& , 20 08 signature a PTCI^f of Pi ihlin fiinrl. pf NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Planning Commission will conduct a public hearing on the following item to determine whether or not the subiect request shall be approved i under the provisions of State law and the Diamond Bar Municipal Code (DBMC): Development Review No. 2008-09 and Tree Permit 2008-02 - Under the authority of Development Code Sections 22.48 and 22.38, this is a request to construct a new 5,700 square foot Single Family Residence on an existing 54,014 Lot, R1-40,000 zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential RR) and Tree Permit No. 2008-02 the Protection and preservation of one oak tree. PROJECT ADDRESS: 2778 Clear Creek Tract 30577, Lot 2; APN 8713-039-002) Diamond Bar, CA 91765 PROPERTY OWNER: Ashley Tran 8940 Deira Lane, Anaheim, CA 92804 APPLICANT: Paul Kaitz PK Development 2739 Steeplechase Lane Diamond Bar, CA 91765 Environmental Determination: The City has determined that this proiect is categorically exempt from the provisions of the California Environmental Quality Act CEQA), under Section 15301(e) of the CEQA Guidelines. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar' Community Development' Department/Planning Division at the address given below. You may also obtain additional 'information concerning these cases by phoning (909) 839-7030. If You challenge an application and proiect 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. TIME OF HEARING: 7:00 p.m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: June 10, 2008 LOCATION: South Coast Air Quality Management ! District/Government Center Auditorium 21865 Copley Drive Diamond Bar, California 91765. 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 Diamond Bar Community Development Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765 (inside SCAQMD/ Government Center building). Published: May 30, 2008 #28344 affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 15 PROOF OF PUBLICATION 2015.5 C.C.P.) i 1- - 3 , -,2' STATE OF CALIFORNIA Proof of Publication of County OF PUBLIC HEARIN GBYofLosAngelesNOTCECEISHEREBYGIVEN THE CITY .OF DIAMOND BAR that the Planning Commission will conduct am a citizen of the United States, and a resident a public hearing on the following item to determine the of the county aforesaid; I am over the age of whether or not subject request shall be approved under the provisions of State law and eighteen years, and not a party to or interested in the Diamond Bar Municipal Code the above -entitled matter. I am the principal clerk of DBMC): Development. Review No. 2008-09, and Tree Permit 2008-02 - the printer of SAN GABRIEL VALLEY TRIBUNE, a Under the authority of Development Code Sections 22.48 and 22.38,. this is a newspaper of general circulation which has been request to construct a new. 5,700 adjudicated as a newspaper of general circulation square foot Single Family Residence on an existing 54,014 Lot, R1-40,000 by the Superior Court of the Count of Los zoned parcel with a consistent Y underlying General Plan Land Use Angeles, State of California, on the date of designation of Rural Residential (RR) September 10, 1957, Case Number 684891. The and Tree Permit No. 2008-02 the protection and preservation of one oak. notice, of which the annexed is a true printed copy, tree. PROJECT ADDRESS: 2 Clear Creek (Tract 30577, Lot 2; APNPN has been published in each regular and entire issue 8713-039-002) Diamond Bar,' CA 91765 PROPERTY OWNER: Ashley Tran of said newspaper and not in any supplement 8940 Deira Lane, Anaheim, CA 92804 thereof on the following dates, to wit: Development 2739 Steeplech se Lane Diamond Bar, CA 91765 Environmental Determination: A The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), 5/30/08 under Section 15301(e) of the CEQA Guidelines. If you are unable to attend the public hearing, but wish to send written comments, please write to the declare under penalty of perjury that the Diamond Bar Community, Development Department/Planning foregoing is true and correct. Division at the address given below. You may also obtain additional information concerning these cases by, phoning (909) 839-7030. If you challenge an application and prosect in court, you may be limited to raising only those issues you or Executed at West Covina, LA Co. California someone else raised at the public hearing described in this notice, or in written correspondence delivered to this day of MAY 20 008 the Planning Commission at, or prior to, the public hearing. TIME OF HEARING: 7:00 p.m. (or as soon, thereafter that the matter can be heard) DATE OF PUBLICsignaturHEARING: June 10, 2008 LOCATION: South Coast Air Quality Management District/Government Center! Auditorium 21865 Copley Drive Diamond Bar, California 91765. 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 Diamond Bar Community Development Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765 inside SCAQMD/ Government Center' building). Publish: May 30, 2008 San Gabriel Valley Tribune Ad#33630 1,J INLAND VALLEY DAILY BULLETIN formerly the Progress Bulletin) 2041 E. 4th Street Ontario, CA 91764 STATE OF CALIFORNIA County of Los Angeles Space below for use -of County Clerk only) C, PROOF OF PUBLICATION 2015.5 C.C.P.) I am a citizen of the United States, I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation printed and published daily for the City of Pomona, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 11/27/02 I declare under penalty of perjury that the foregoing is true and correct. Execut at Ontario, San Bernardi Co. California this of 20 02t A -V-' ,e 4 4 11 zff::: Ign e 4 NOTICENOTICEIS HEOF PUBLIC REBY GIVENEBRIN E CITYOFDIAMONDBARthatthe. Deputy CityManagerwillconductapublichearingontheProoffollowingitemtodeterminewhetherornotthesubiectrequestshallbeapprovedundertheprovisionsofStatelawandtheCityofDiamondBar's Development Code: Administrative Development Review No. 2002-19/Tree Permit No. 2002-08 (pursuant toCode. Sections 22.48.1.1. /22,38) is a request toconstructatwo-story single family residencewithathree -car garage, balcony and porch for 5 a total of approximately 5,700 square feet. Additionally, the request includes the protectionofoneoaktree. 0! PROJECT ADDRESS: 2778 Clear Creek LaneLot2ofTractNo. 30577), Diamond Bar, CA91765. c PROPERTY OWNER: Ashley Tran, 11083 l l Trojan Court, Westminster, Colorado, 80031. t APPLICANT: Lauren M. Tran, 9012 MarieEnvironmentaGDterminotion: Pursuant to theprovisionsoftheCaliforniaEnvironmentalQualityAct (CEQA), Sections 15303(.), the CityhasdeterminedthatthisProiectiscategoricallyexempt If you are unable to attend the public hearing, but wish to send written comments, please writetotheDiamondBarCommunityandDevelopmentServicesDepartment/PlanningDivisionattheaddressgivenbelow. You mayalsoobtainadditionalinformationconcerningthiscasebyphoning (909) 396-5676. If you challenge this application and project incourt, you may be limited to raising only thoseissuesyouorsomeoneelseraisedatthepublichearingdescribedinthisnotice, or 'in writtencorrespondencedeliveredtothePlanningCommissionat, or prior to, the public hearing. TIME OF HEARING: 6:00 p.m. (or as soonthereafterthatthemattercanbeheard) DATE OF PUBLIC HEARING: Tuesday_ December 10, 2002 LOCATION: South Coast Air Quality Management District/ GoivernmentCenter, Auditorium 21825 E. Copley Drive o.mond Bar, California 91765 CASE MATERIALS: Are available for review: between the hours of 7:30 amm. and 5:30 P.. Monday through Thursday and 7:30. a.m. to 4:30P.M. on Friday, .1 the City of Diamond Bar, Department of Community and DevelentServices/Planning Division, 21825 E. CopleyopmDr., Diamond Bar, CA 91765 Pub: November.27, 2002 #55023 9 SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 STATE OF -CALIFORNIA County of Los Angeles Opdce oeww for SOUI UUunty %,ierK 0111YI PROOF OF PUBLICATION 2015.5 C.C.P.) I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 11/27/02 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 27 daay,of_ N V B 20 02 signature 10 Proof of Publication of PROJECT ADDRESS: 2788 Clear Creek Lane (Lot 2 of Tract No. 30577)., Diamond Bar, CA 91765 PROPERTY OWNER: Ashley Tran, 11083 Troian Court, Westminster, Colorado, 80031. APPLICANT: Lauren M. Tran, 9012 Marie Lane, Garden Grove, CA 92841. Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this proiect is categoically exempt. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community and Development Services D6partment/Planning Division at the address given below. You may also obtain additional information concerning this case by phoning (909) 396-5676. If you challenge this application and proiect 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. TIME OF HEARING: 6:00 p.m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, December 10, 2002 LOCATION: South Coast Air Quality, Management District/Government Center, Auditorium 21865 E. Copley Drive, Diamond Bar, California 91765. CASE MATERIALS: Are available for I -review between 7:30'a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on Friday, at the City of Diamond Bar , Community and Development Services, Planning Division, 21825 E. Copley Drive, Diamond Bar, CA 91765. Publish: November 27, 2002 4 San Gabriel Valley Tribune Ad No. 176697 NOTICE OF PUBLIC HEARING f I NOTICE IS HEREBY GIVEN BY THE Co CITY OF DIAMOND BAR that the' 5 Deputy City Manager will conduct a Public hearing on the following item to determine whether or not 'the subject' request shall be approved under the Provisions of State low and the City of Diamond Bar's Development Code: Administrative Development Review No. 2002-19/Tree Permit No. 2002-08 (pursuant to Code Sections 22.48.1:1. / 22.38) is a request. to construct a two-story single family residence with a three -car garage, balcony and porch for a total of approximately 5,700 square feet. Aditionally, the request includes the protection of one oak tree. . PROJECT ADDRESS: 2788 Clear Creek Lane (Lot 2 of Tract No. 30577)., Diamond Bar, CA 91765 PROPERTY OWNER: Ashley Tran, 11083 Troian Court, Westminster, Colorado, 80031. APPLICANT: Lauren M. Tran, 9012 Marie Lane, Garden Grove, CA 92841. Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this proiect is categoically exempt. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community and Development Services D6partment/Planning Division at the address given below. You may also obtain additional information concerning this case by phoning (909) 396-5676. If you challenge this application and proiect 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. TIME OF HEARING: 6:00 p.m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, December 10, 2002 LOCATION: South Coast Air Quality, Management District/Government Center, Auditorium 21865 E. Copley Drive, Diamond Bar, California 91765. CASE MATERIALS: Are available for I -review between 7:30'a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on Friday, at the City of Diamond Bar , Community and Development Services, Planning Division, 21825 E. Copley Drive, Diamond Bar, CA 91765. Publish: November 27, 2002 4 San Gabriel Valley Tribune Ad No. 176697 Jack Tanaka Mayor Ron Everett Mayor Pro Tem Wen P. Chang Council Member Carol Herrera Council Member Steve Tye Council Member Recycled paper June 20, 2008 Ashley Tran 8940 Deira Lane Anaheim, CA 92804 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com VIA CERTIFIED MAIL P.K. Development Paul Kaitz 2739 Steeplechase Lane Diamond Bar, CA 91765 Re: Development Review No. 2008-09 and Tree Permit No. 2008-02 for property located at 2738 Clear Creek, Diamond Bar, CA Dear Applicants: Congratulations! On June 10, 2008, the City of Diamond Bar approved the above -referenced project. Enclosed please find a certified copy of Planning Commission Resolution No. 2008-21 for your records and an Affidavit of Acceptance for the Resolution. Please have the Affidavit signed and notarized and return it to the Planning Division at the address located above. Thank you, and should you have any questions, please contact me at 909) 839-7030. S pcerply, b-6C: Stella Marquez, Senior Administrative Assistant to David Alvarez, Planning Technician cc: Engineering Building and Safety Enclosures 0 Complete items 1, 2, and 3. Also complete 1 item 4 if Restricted Delivery is desired. M Print your name and address on the reverse so that we can return the card to you. 1 ® Attach this card to the back of the mailpiece, nr nn the front if space permits. i 1 1. Article Addressed to: Ashley Tran A940 Deira Lane A. Signature , Agent X Addressee B. Received by (Printed Name) C. Date of Delivery1 D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No I Anaheim, CA 92804 3. Service Type Xg-Certified Mail Express Mail 1 Registered Q Return Receipt for Merchandise Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 1 ',Uy Zi i &Ie .112 2. Article Number 7006 2150 0003 2832 0096 Transfer from service label) 102595-02-M-15401; PS Form 3811, February 2004 Domestic Return Receipt C_RT IFIEDMAIL IPT Iddr arm Das icll rail'Dnly,_Noalnsurance,Caverage atwwv+ Pray g CM3 CO3 delivery'n?Prme onvv sit ourWebsite P W W O, ro CO postage F pl, qli, O Certified Fee postmark iq !MW LL C-3 C3 C3 LL_y Return Receipt _ Endorsement Required) Restricted Delivery Fee Required) ement 3 WS II'11:Ln Lr) Endors r -q r-1 Total postage & Fees WW'++' M-7- IN N Z i07y Complete items 1, 2, and 3. Also complete 1 item 4 if Restricted Delivery is desired. M Print your name and address on the reverse so that we can return the card to you. 1 ® Attach this card to the back of the mailpiece, nr nn the front if space permits. i 1 1. Article Addressed to: Ashley Tran A940 Deira Lane A. Signature , Agent X Addressee B. Received by (Printed Name) C. Date of Delivery1 D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No I Anaheim, CA 92804 3. Service Type Xg-Certified Mail Express Mail 1 Registered Q Return Receipt for Merchandise Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 1 ',Uy Zi i &Ie .112 2. Article Number 7006 2150 0003 2832 0096 Transfer from service label) 102595-02-M-15401; PS Form 3811, February 2004 Domestic Return Receipt I Er' Er - to ro I _ • _ 3t; O 0' ru r1Jrnu CIO rU rru PostageF$EmmCertifiedFee e O C3 O O p O Return Receipt Fee Endorsement Required) Postmark Here O O Restricted Delivery Fee Endorsement Required) e ® u1 ul rq ru rq fl_I Total Postage & Fees e C3 C3 E3 r-3 v' c Z a r` r` Street, Apt. No.; l A -----•" '-------- c r or PO Box No. >> OG 1 3 y S / c r( ate, P+4-- '- Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery Is desired. Agent I X Print your name and address on the reverse Addressee , so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: I If YES, enter delivery address below: No I I P.K. Development I Paul Kaitz 2739 Steeplechase Lane Diamond Bar, CA 91765 3. ervlceType Gertified Mail Express Mail a Registered Return Receipt for Merchandise I Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number2832 008900621500003rransferfromservicelabel) I PS Form 3811, February 20 Domestic Return Receipt 102595-02-M-1540 AFFIDAVIT OF ACCEPTANCE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR PLANNING COMMISSION RESOLUTION NO. 2008-21 related to Development Review No. 2008-09 for property located at 2738 Clear Creek Lane, Diamond Bar, CA 1] [WE] the undersigned state: I am] [We are] the owner/applicant of the real property described in the above -numbered Planning Commission Resolution. I am] [We are] aware of, anj accept, all the stated conditions in said Planning Commission Resolution No. 2008-21. 1] [We] certify (or declare) under the penalty of perjury that the foregoing is true and correct. Where the owner and applicant are not the same, both must sign) Type or Print Applicant Name Tran City, State Signature Owner Name Address City, State Signature This signature must be Acknowledged by a notary public. Attach appropriate acknowledgements. J CERTIFICATE OF MAILING I, Stella Marquez, hereby certify that on Friday, June 20, 1 mailed [a copy/copies] of City of Diamond Bar Planning Commission Resolution No. 2008-21, documenting the Commission's final decision made at the close of the hearing on Tuesday, June 10, concerning the Developmerlt Review and Tree Permit applications of applicants, Ashley Tran and P.K. Development, for the property located at 2738 Clear Creek, Diamond Bar, CA, and that [a copy or copies] of the resolution [was/were] transmitted, by placing it/them in [a] sealed envelope(s) via prepaid Certified Mail Receipt, addressed to the following and depositing [it/them] in the U,S. Mail: Ashley Tran 8940 Deira Lane Anaheim, CA 92804 P.K. Development Paul Kaitz 2739 Steeplechase Lane Diamond Bar, CA 91765 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Diamond Bar, California on June 20, 2008. Stella Marquez Senior Administrative Assistant Jack Tanaka Mayor Ron Everett Mayor Pro Tem Wen P. Chang Council Member Carol Herrera Council Member Steve Tye Council Member Recycled paper May 15, 2008 Ashley Tran 8940 Deira Lane Anaheim, CA 92804 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com Paul Kaitz 2739 Steeplechase Lane Diamond Bar, CA 91765 Subject: Development Review No. 2008-09 and Tree Permit No. 2008-02 for the property located at 2778 Clear Creek Lane, Diamond Bar, CA 91765 Dear applicants: The Planning staff has reviewed the submittal of drawing received on March 20, 2008 and has been approved by the planning staff. The Planning Commission public hearing for this project is scheduled for 7:00 p.m. on June 10, 2008. The meeting will take place at the Government Center (AQMD) Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. The Planning Commission Agenda, staff report and draft resolutions with conditions of approval will be mailed to you by June 6, 2008. Please submit 20 full size blue prints, FOLDED no larger than 11" x 17' and 30 reduced (8'/2" x 11") copies. It is required that the project site be posted with a public hearing notice board. The public hearing notice will be provided to you at a later date. The project site must be posted by June 1, 2008. Provide the Planning Division with a dated photograph as evidence of posting. Thank you for your cooperation in advance. Should you have any questions regarding the process, or if I can be of further assistance, please feel free to contact me at (909) 839-7033, Monday through Thursday, 7:30 a.m. to 5:30 p.m. and Friday, 7:30 a.m. to 4:30 p.m. Sincerely, David Alvarez, Planning Technician 0 C MEMORANDUM September 11, 2002 TO: Ann Lungu, Planner FROM: Dennis A. Tarango, Building Official Subject: 2738 Clear Creek TP. 2002-08 ADR 2002-19 FPL 2002-50 Per your request, the Building Division has reviewed the subject plans and is making the following recommendations: 1. All retaining walls shall be plan checked and permitted by the Engineering Department. 2. Temporary construction fence. 3. Fire Department shall review this plan. 4. The single-family structure shall meet the 1998 Cal. Building Code, UPC UMC and National Electric Code requirements. 5. The minimum design wind pressure is 80 miles per hour and "C" exposure. 6. This single family home is located in "High Fire Zone" and shall meet requirements of the fire zone. a) All roof covering shall be "Fire Retardant." Tile roofs shall be fire stopped at the eaves 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 nor more than 1/2 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. 2738 Clear Creek 7. This residence shall meet the State Energy Conservation Standards. 8. Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% slope. 10 Swimming pool requires a separate permit. Please contact me if you have any questions. 2ennij Jaranyo G:Word/Memos 2002/2738 Clear Creek.