HomeMy WebLinkAbout10/27/2015 PC AgendaPLANNING
October 27, 201 %190
7:00 P.M.
City Hall, Windmill Community Room
21810 Copley Drive
Diamond Bar, CA 91765
Chairperson Ruth Low
Commissioner Frank Farago
Commissioner Jen "Fred" Mahike
Commissioner Bob Nishimura
Commissioner Raymond Wolfe
Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Community Development Department, located at
21810 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
Written materials distributed to the Planning Commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21810 Copley Drive, Diamond Bar, California, during normal business hours.
In an effort to comply with the requirements of Title // of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommodation (s) in order to communicate at a
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BAR
Please refrain from smoking, eating or / 110 ulty U/ Uldillullu 001 UOU0 I VUYL'1UU
drinking in the Windmill Community Room paper and encourages you to do the same
City of Diamond Bar
Planning Commission
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The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public
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CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, October 27, 2015
rXem
Next Resolution No. 2015-23
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Frank Farago, Bob Nishimura,
Raymond Wolfe, Vice Chairperson Jen "Fred" Mahlke,
Chairperson Ruth Low
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity
to speak on non-public hearing and non -agenda items. Please complete a Speaker's
Card for the recordinq Secretary (co m letion of this form is voluntary). There i
a five-minute maximum time limit when addressing the Planning Commission.
4. CONSENT CALENDAR:
The following items listed on the consent calendar` are considered routine and are
approved by a single motion. Consent calendar items may be removed from the agenda
by request of the Commission only:
4.1 Minutes of Regular Meeting:
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
October 13, 2015
7.1 Development Review and Minor Conditional Use Permit No. PL2015-326 —
Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56,
the applicant and property owner are requesting Development Review approval
to construct a two-story addition consisting of 909 square feet of floor area to an
existing 1,546 square -foot, two-story single-family residence with an attached
467 square -foot two -car garage on a 0.19 gross acre (8,482 gross square -foot)
lot. A Minor Conditional Use Permit is requested to allow a two-story addition to
an existing nonconforming structure with a zero -foot north side setback (where
5 feet is required, and a nonconforming distance to a structure on the adjacent
lot to the north of 8 feet, 4.5 inches (where 15 feet is required). The subject
OCTOBER 27, 2015
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PAGE 2 PLANNING COMMISSION AGENDA
property is zoned Low Density Residential (RL) with a consistent underlying
General Plan land use designation of Low Density Residential.
Project Address: 20732 Timberline Lane
Diamond Bar, CA 91765
Property Owner/ Chunwei Chi
Applicant: 20732 Timberline Lane, Diamond Bar, CA 91789
Environmental Determination: The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt from
the provisions of CEQA pursuant to Article 19 under Section 15301 (e) (addition
to existing structures) of the CEQA Guidelines. No further environmental review
is required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review and Minor Conditional Use Permit No. PI -2015-326, based
on the Findings of Fact, and subject to the conditions of approval as listed within
the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects
10. SCHEDULE OF FUTURE EVENTS:
FALL FUN FESTIVAL
AND HAUNTED HOUSE:
DAYLIGHT SAVIGS TIME ENDS
ELECTION DAY:
CITY COUNCIL MEETING:
VETERAN'S RECOGNITION
Friday, October 30 and 31, 2015
Heritage Park
2900 S. Brea Canyon Road
Sunday, November 1, 2015 -
Remember to "Fall Back"
Tuesday, November 3, 2015
Tuesday, November 3, 2015 — 6:30 p.m.
South Coast Air Quality Management
District Auditorium, 21825 Copley Drive
Diamond Bar, CA
Thursday, November 5, 2015 — 9:00 a.m.
Diamond Bar Center Grandview Ballroom
PLANNING COMMISSION
MEETING:
PAGE 3 PLANNING COMMISSION AGENDA
VETERAN'S DAY HOLIDAY:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Tuesday, November 10, 2015 — 7:00 p.m.
Diamond Bar City Hall,
Windmill Community Room
21810 Copley Drive
Wednesday, November 11, 2015
In observance of the holiday, City Hall
Offices will be closed
Thursday, November 12, 2015 - 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
Thursday, November 19, 2015 — 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
OCTOBER 13, 2015
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Chair/Low called the meeting to order at 7:00 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chair Mahlke led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farago, Bob Nishimura,
Raymond Wolfe, Vice Chairperson Jennifer "Fred"
Mahlke, Chairperson Ruth Low
Also present: Greg Gubman, Community Development Director;
James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie T.
Espinoza, Assistant Planner; Josue Espino, Planning Consultant; Mayuko Nakajima,
Associate Planner; and Stella Marquez, Administrative Coordinator.
2. ' MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
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4
APPROVAL OF AGENDA: As presented
4.1 Minutes of the Regular Meeting of September 8, 2015.
CANolfe moved, C/Farago seconded, to approve the Minutes of the September
8, 2015, Meeting as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
.3
NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
7. PUBLIC HEARING(S):
Farago, Nishimura, Wolfe,
VC/Mahlke, Chair/Low
None
None
7.1 Development Review and Minor Conditional Use Permit No. PL2015-264 -
Under the authority of Diamond Bar Municipal Code (DBMC) Sections 22.48
and 22.56, the applicant and owner requested Development Review approval
to construct a two-story addition consisting of 1,406 square foot, one-story,
OCTOBER 13, 2015
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PLANNING COMMISSION
single family residence with an attached 666 square foot, two -car garage on a
0.15 gross acre (6,633 gross square foot) lot. A Minor Conditional Use Permit
was requested to allow a second -story addition to an existing nonconforming
structure with a 17 -foot, 8 -inch rear setback where 20 feet is required. The
subject property is zoned Low Medium Density Residential (RLM) with a
consistent underlying General Plan land use designation of Low Medium
Density Residential
PROJECT ADDRESS
216 Cottonwood Cove Drive
Diamond Bar, CA 91765
Lewis Lam
6556 Darcena Street
Chino, CA 91710
APPLICANT: Richard Su
155 N. Lake Avenue, 8th Floor
Pasadena, CA 91101
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review and Minor Conditional Use
Permit No. PL2015-264, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution.
C/Nishimura asked what the deed restriction entails and AP/Espinoza
responded that the deed restriction is a covenant and agreement which
specifies that the house remain a single family home and that there can be no
more than one lease agreement with renters on the property which is also a
condition of approval within the resolution. C/Nishimura asked if that meant
the owner could have one only rental agreement and not two simultaneous
rental/lease agreements where for example, the upstairs and downstairs could
be rented to different parties) and AP/Espinoza responded that C/Nishimura's
interpretation was correct.
C/Nishimura asked if the Cypress trees would be planted along the rear portion
of the lot or along the north and south sides of the house. AP/Espinoza
responded that the Cypress trees will be planted along the south side of the
house where the balcony is located as depicted in the drawing. She further
indicated that the rear of the property is heavily landscaped and very steep
which prevents view of the neighbor's property.
C/Nishimura asked if the second -story windows were aligned such that they
did not look into the second story bedroom window of the existing two-story
house to the north of the project and AP/Espinoza responded affirmatively.
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OCTOBER 13, 2015 PAGE 3 PLANNING COMMISSION
Chair/Low asked if construction would impact the homeowner down the slope
to the rear of the project. AP/Espinoza reiterated that she visited the site and
took pictures that show the tall trees at the rear property line of the project site
as well as, on the neighboring property which provides very dense, heavy
landscaping so that the addition will most likely not impact the neighbors.
Chair/Low asked how the property owners proposed to water the green roof
and AP/Espinoza referred Chair/Low to the architect for a response.
Chair/Low asked if the deed restriction operated as a matter of law despite the
condition and ACA/Eggart responded that the deed restriction is declaratory of
what the existing law is and essentially puts property owners on notice that
they need to comply with the Municipal Code (provisions on boarding houses).
It does not impose any new requirement that does not already exist.
Chair/Low opened the public hearing.
Lewis Lam, property owner, stated that he and his family will live in the house
and that it will not be a rental unit. Once he receives the permits, the tenants
will be gone and the parking and noise issues will be gone as well. He
graduated from Walnut High School and wants to move back into the City with
his parents who work in Diamond Bar.
Richard Su, project designer, responded to Chair/Low that the green roofs are
designed to provide infiltration for the planters on the roof level before going to
the landscaped area because the lot is very small. There are vegetative
modules that can be purchased that could be used to provide six months of
temporary irrigation and once it becomes self -sustainable it is left as -is
because they are drought tolerant species that require little if any irrigation. If
the City wants something that needs to be irrigated it can be done just as it
would be done for a planter on grade. Chair/Low felt it was a nice concept but
if it was not watered it could look dead and bean eyesore. In addition, drought -
tolerant means some water and not zero water. Mr. Su said he completely
understood Chair/Low's concern. The modules have been used with other
projects and have been successful in spite of no irrigation for two years
following the initial six-month setup. If the Commission is concerned it is not
difficult to run a permanent drip system with a separate timer. The modules
provide additional field of rain water before flowing through the downspout into
the cisterns at the ground level.
Mr. Su stated that since the proposed project is a two-story unit preserving the
privacy of the neighbors is a big priority. The home to the north is a two-story
house and there is a 6x4 foot window on the second. floor so they deliberately
offset the window so that the line of sight does not cross the neighbor's
window. When a bedroom window is placed on the side of a house, they are
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OCTOBER 13, 2015 PAGE 4 PLANNING COMMISSION
high windows (six feet above the floor) except for the very rear corner which is
out of the line -of -sight. The house to the south is a single -story house and is
about three feet lower than the finished grade. So along with the six-foot walls
for the project site their wall is about nine feet lower which gives them a nine -
foot buffer. In addition, the project minimizes any possible intrusion by
including tall and narrow windows in the bedroom with most of the windows
being oriented toward the back to capture the view. The proposed landscape
screening is 15 feet tall and with the three foot lower elevation that neighbor is.
getting about 18 feet of visual screening in about 15 years. The Cypress trees
are six to eight feet tall and they grow a foot or two each year so in five years
they will be about 15 feet tall to provide screening for the neighbor's swimming
pool. Although the architecture is more modern than the existing architecture
it is compatible to the neighborhood using compatible materials including
stucco, stone veneer and regular roofing tiles. He reiterated that this dwelling
is meant to be a single family home. With only four bedrooms and the square
footage it is not intended to be a multi -family home or rental for boarding
house. There is a detached guest house in the back which will be razed to
downgrade the density of the residence. He asked the Commission for
consideration of removing the deed restriction for this home which has always
been a single family residence in a single family zone.
VC/Mahlke asked if the Italian Cypress were drought resistant and Mr. Su said
he would not consider them to be drought resistant but they do well in this
climate. In addition, there is established irrigation which will help them
continue to thrive.
C/Wolfe asked about the window on the north side that exists in the walk-in
closet and how it lines up with the 6x4 window on the neighbor's property and
Mr. Su said that the 6x4 window is roughly at the tall window in the center so
the tall narrow window in the hallway clears the second story of the house to
the north as depicted on the site survey. The windows do not directly face
each other.
Art Kahn, 219 Cottonwood Cove Drive, said he has had two of his cars hit by
people who live at the residence. After their parties, there are beer cans on
the sidewalks. This proposal seems ambiguous especially with respect to the
deed restriction. Based on the applicant's testimony it will be a single family
residence but he believed that a lease would allow six to eight people in the
residence as well, should he decide to leave and rent the house out again.
Chair/Low closed the public hearing.
ACA/Eggart explained that the deed restriction would not prohibit the property
owner from renting out the property. That is not something the City has the
authority to prohibit property owners from doing — they have the right to rent
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OCTOBER 13, 2015 PAGE 5 PLANNING COMMISSION
out their property. However, the Municipal Code does not allow people to use
their property as a "boardinghouse" in a residential zone. A boardinghouse
means the property is being rented under multiple rental agreements. The
speaker is right that any property owner could rent under one rental agreement
to a renter who may have as many people in their family unit as can fit in the
house which is not something the City can regulate through conditions of
approval. The limit of a City's regulation is what is permitted occupancy under
the Building Code which is remarkably high.
C/Nishimura asked if the deed restriction was in place or written into the
resolution. ACA/Eggart explained that the deed restriction is a proposed
condition of approval that says the property owner would record a deed
restriction that essentially says the property could not operate as a
"boardinghouse" or other use prohibited by Municipal Code. It is in the
resolution at the end of the main body of the resolution prior to the standard
conditions.
VC/Mahlke asked if a property owner would be able to petition to have that
deed restriction removed at some point and ACA/Eggart responded that it is
something that could be written into the deed restriction document which is,
essentially a contract with the City should the Commission so direct.
VC/Mahlke asked for confirmation that the deed restriction reinforces what is
currently in place for every property owner in Diamond Bar. ACA/Eggart said
yes, and essentially says the owner could not operate the property as a
"boardinghouse" or other illegal use except to the extent permitted by the
Municipal Code. It is merely a "notice" document so that the property owner
cannot come back and argue they did not know they were supposed to comply
with this law.
Chair/Low asked if this has been done before and ACA/Eggart says he has
seen this condition before. CDD/Gubman said it became a standard condition
prior to when he began working in Diamond Bar. This is a boilerplate condition
that has been imposed on numerous projects and it is nothing unique or
specific to this project. If there is a history associated with a particular property,
this is a measure the City uses to ensure that the property owner is placed on
notice. By placing that on the deed, future purchasers of the property receive
that disclosure that the property cannot be subdivided as a "boardinghouse"
and when there are floorplans proposed that may appear to present an
opportunity to partition off sections or add new exterior entrances and so forth.
When these opportunities present themselves staff does whatever possible to
thwart the pursuit of that opportunity that might be seen by a future purchaser.
Chair/Low asked if there was a history regarding this particular property that
caused this deed restriction to be placed on it and CDD/Gubman said that to
the extent that staff has heard the complaints that this residence apparently
FOIRIORAAN��V
PLANNING COMMISSION
has a reputation that has caused some disruption in the peace and harmony
of the neighborhood. Staff feels that based on these complaints, it is
appropriate to place the covenant on the property even though it has been
stated that as is set in the statutes in the City's Municipal Code that this is a
single family, residence. For some reason that may not be apparent at this
time, this house has been used as a rental before and the renters that have
been attracted to this property apparently have a need to be put under a
watchful eye. Chair/Low asked if there was a sunset provision on these
restrictions and CDD/Gubman responded no, the restrictions run with the land
in perpetuity and cannot be quit claimed without consent by the City.
Chair/Low asked if the property owner could petition the City to remove the
restriction and CDD/Gubman said "yes."
C/Nishimura asked that under the current Code the owner moves in and rents
a room out that is not a boarding house and it is legal to which CDD/Gubman
responded that the homeowner can rent a maximum of one bedroom to a
boarder.
C/Wolfe moved, VC/Mahlke seconded, to approve Development Review and
Minor Conditional Use Permit No. PL2015-264, based on the Findings of Fact,
and subject to the conditions of approval as listed within the resolution and
corrected by staff. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Nishimura, Wolfe,
VC/Mahlke, Chair/Low
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review and Minor Conditional Use Permit No. PL2015-242 -
Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56,
the applicant/owner requested Development Review approval to construct a
two-story addition consisting of 2,382 square feet of floor area to an existing
1,904 square foot, one-story single family residence with an attached
696 square foot, three -car garage on a 0.27 gross acre (11,730 gross square
foot) lot. A Minor Conditional Use Permit was requested to allow a second
story addition to an existing nonconforming structure with a 16 foot 11 inch
rear setback where 20 feet is required, and a nonconforming distance to a
structure on the adjacent lot to the west of 11 feet, 1 inch where 15 feet is
required. The subject property is zoned Low Density Residential (RL) with a
consistent underlying General Plan land use designation of Low Density
Residential.
PROJECT ADDRESS: 1606 Ano Nuevo Drive
Diamond Bar, CA 91765
OCTOBER 13, 2015
PROPERTY OWNER/
APPLICANT:
PAGE 7
PLANNING COMMISSION
Beatriz Flores
1606 Ano Nuevo Drive
Diamond Bar, CA 91765
PC/Espino presented staffs report and recommended Planning Commission
approval of Development Review and Minor Conditional Use Permit
No. PI -2015-242, based on the Findings of Fact, and subject to the conditions
of approval as listed within the resolution.
C/Wolfe said that the view from bedroom #4 on the second floor to the
southeast neighbor appears to be potentially infringing on their privacy in the
back yard and asked if staff had considered that in its review. PC/Espino
responded that staff looked at the neighborhood sensitivity with respect to the
adjoining properties. In this particular case the distance that was maintained
on that side of the property was felt by staff to be adequate on the southeast
side which is 15 feet from the adjacent property. There is no pool or balcony
extending out on that side whereas, the northwest side has a pool and staff
has conditioned that side of the property to maintain existing tall shrubs and
conditioned the rear of.the property to maintain shrubs. If that is a concern, it
is within the Commission's purview to extend the condition to include the
southeast side of the property. C/Wolfe said he found it odd that one side and
not the other was conditioned when it is clear that the project has the view
shed into the neighbor's backyard. There may not be a pool in that neighbor's
back yard today but it does not mean that one might be put in someday.
C/Nishimura asked if the second story bedroom window toward the front on
the north side looked into the two upstairs bedrooms of the house to the north
(left). Staff requested the applicant to modify the size of the windows to
provide privacy from the residence as well as, to the neighbors. One window
in particular staff felt was adequate to provide lighting for the bedroom and did
not feel there would be direct line -of -sight because there is shrubbery on that
side of the property line. The distance is about 30 feet because the balcony
area on the adjacent neighbor's balcony to the northwest is directly above the
garage with the habitable floor area recessed a significant area from the
garage. In performing a visual test on the site plan, there is a distance of about
22 feet from corner to corner and in reality, the adjacent home is recessed far
beyond the front fagade of the home.
Chair/Low asked if the right -of -privacy extended to the deck area and
PC/Espino responded technically, no. The imposing view might be from the
existing balcony onto the subject property. This is an issue that was discussed
with the applicant and it was felt that the privacy would be maintained.
OCTOBER 13, 2015 PAGE 8 PLANNING COMMISSION
C/Nishimura asked if the required setback was 15 feet on that side of the
project property and PC/Espino said that it is 10 feet from the property line and
15 feet to structures on adjoining properties.
Chair/Low opened the public hearing.
Katie Flores, MK Studio, project designer/architect, said that bedroom #4
window mentioned by C/Wolfe, the separation between the two houses is
significant and the project lot is slightly higher than the neighboring lot. So
these factors along with the landscape materials should provide sufficient
privacy. For the office window as discussed by C/Nishimura, due to the pie
shape of the lots it worked to the applicant's advantage that the neighboring
structure walls are not parallel to each other so they are splayed and from that
window one would be looking more toward the front door of the house and not
into the front windows facing the street. She reiterated that the prayer room
was not intended to be a house of worship. The owner wants a quiet sifting
room/den at the front of the house where one could sit, meditate and pray in
privacy, a room that was not part of a bedroom and hustle and bustle of the
main living spaces. In addition, one of the bedrooms on the second floor is
intended to be an office and another is a bonus room for teenage boys to have
their own space away from the adult living space downstairs.
Tony Maze said that Ms. Flores has been a good neighbor and there are six
cohesive neighbors on the street. One issue for him is that prior to Ms. Flores
owning the property, a doctor owned the property and was involved in illegal
activities and not knowing what circumstances might change, would there be
a deed restriction placed on this property. The house is very large for the
neighborhood and while he is not concerned about his current neighbor, he is
concerned about future ownership and use.
Chair/Low asked how many years Mr. Maze had been a neighbor to
Mrs. Flores and he responded since 1997.
Ron Escodon, 1627 Ano Nuevo Drive, said he had an issue with doubling the
size of the house where other houses 'in the neighborhood are much smaller
in a small cul-de-sac area where parking is at a premium.
Robert Van, 1620 Acacia Hill, said his concern is that the house will be a
church because he has seen church activities taking place at the property and
he believes that will continue. A 4,000 square foot home will accommodate
several hundred people and vehicles will be parking on that street and spill
over onto other streets and as a result, in an emergency the street will become
inaccessible to emergency equipment. He is certain the house will be a
business and he is concerned about traffic when a business is in the middle of
a neighborhood.
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OCTOBER 13, 2015 PAGE 9 PLANNING COMMISSION
Beatriz Flores said she has lived on Ano Nuevo Drive since 1997. She is the
eldest of 17 children. She took care of her mother and father. Now that she
is 70 her daughter is concerned about her staying in her house and asked her
to sell the house so she could live with her daughter. Understanding that her
parents were very sad to leave their home and her aunt was really sad to leave
her home, her daughter decided to build instead of moving out of the
neighborhood. There will be no business and there will not be a church. She
said "we do come together in prayer" as do other neighbors and for family
gatherings. Her daughter wanted to build a dream home because she wanted
to create space which she understood was important to her mother. Her family
is a professional family and they understand laws and abide by those laws.
People have gathered at her residence for doctoral celebrations that merit
people coming into their home. She said she could guarantee there would not
be a business in her home and that it would not be a church. Her family grew
up in prayer and whether in the kitchen, bedroom or living room the family
came together. Her family felt this was an opportunity for them to create a
space because the family has been limited in space. The residence will not
be turned into a boardinghouse. She felt it was her privilege to be able to turn
her small house into a 4,000 square foot home to accommodate her family.
Chair/Low closed the public hearing.
C/Nishimura noted that Finding of Fact "C" 1 in the resolution states that this
should be approved and that it is consistent with several things including the
design guidelines. His copy of the Residential Guidelines, Page 32, talks
about tract homes and how as they age, they will be remodeled. Further, it
states that one of the most important issues is to ensure that new or remodeled
residential development is compatible and complementary to the existing
neighborhood. Page 33 talks about compatibility and three states that
dwellings and other improvements should be appropriate in mass and scale to
the site on which they are placed. The site in relationship to other structures,
etc. should be complementary and depicts a "yes" and "no." In looking at this
proposal, the size of the addition is quite large and the architecture is to him
not compatible. He asked staff to explain how they came to the conclusion
that this architecture and mass to the front was compatible to the neighborhood
when the development guideline photo clearly shows that it is not.
PC/Espino said that as stated, the design guidelines address issues of
compatibility and mass and scale. Staff looks at these projects in the form of
context in the neighborhood as well as how the massing scale relates to the
building, its neighbors and the neighborhood. In this case, there is mass and
scale that is recessed from the front, a majority of which is above the existing
floor area. As far as the floor area itself, there is no floor area ratio standard
that staff can use to equate or evaluate to other homes. He could say that the
OCTOBER 13, 2015 PAGE 10 PLANNING COMMISSION
average floor area in the neighborhood was about 2100 to 2200 square feet in
a mix of single story homes and two-story homes. Yes, this is a substantial
addition; however, it complies with the City's Development Standards in
setbacks, proximity to adjacent structures and is also under the lot coverage
ratio. Potentially, all of the lots in the neighborhood could increase
substantially more. In addressing the guidelines in the design aspect, staff
looks to make sure that the character of the home is consistent with other
homes in the neighborhood. There are Mediterranean design styles that have
been transformed from tract homes to what is seen today. Staff also looks at
whether this is a predominately one-story or two-story home neighborhood. In
this case, it is a mix. The neighbor to the southeast is a single story, the
neighbor to the northwest is a two-story. Going back to the context issue, if
this home were in the middle of the block it might be a challenge to say this
fits into the neighborhood. This project being toward the cul-de-sac (tucked
into the corner) and the proposed floor area addition being above the current
floor area (a little over 300 feet), staff felt it was compatible to the design
standards and those goals and objectives described in the City's General Plan.
Chair/Low said that as one proceeds up Ano Nuevo toward the property, there
are two other houses that were quite large on the opposite side of the street
and PC/Espino reiterated that there are many existing two-story homes in the
immediate neighborhood which averaged about 2200 square feet. Chair/Low
said that the house next to the subject property is a two-story home as well.
C/Farago asked how many feet the house facing the property is and
PC/Espino said it is a two-story home upwards of 2000 square feet. C/Farago
said that the largest two-story homes in the neighborhood average
2300 square feet and this project proposes to be over 4000 square feet.
Chair/Low asked to see the renderings again stating she thought the second
story was recessed and Katie Flores said that the proposal sets the second
floor back over the garage with a good amount of roof between the face of the
garage and the second floor which was broken up with little elements of towers
to give it the Mediterranean articulation and tower over the front door.
Chair/Low asked if the prayer room was being brought forward to line up with
the garage. Katie Flores said yes and that it remains set back from the front
setback a good distance at that point. Due to the shape of the lot, the front
right corner of the proposed addition is actually at the back corner of the front
element of the neighbor's house which means the project is 30 to 40 feet back
at that point. Although it appears flat on the plans when viewed from the street,
the front of the house where the prayer room is located is quite far back from
the sidewalk.
IrE DRAFT
OCTOBER 13, 2015 PAGE. 11 PLANNING COMMISSION
PC/Espino stated that staff included a condition to provide a covenant and
agreement as part of the resolution with respect to maintaining the home as a
single family home as its intended use and restricts the rental of rooms to no
more than one.
Chair/Low said that there was no evidence provided to the Commission that
there has been any interruption or unintended use of this property. She asked
ACA/Eggart for clarification that there are no restrictions on how big a person
can make their house. ACA/Eggart said there are development standards for
heights and lot coverage ratio. CDD/Gubman said there are restrictions as to
lot coverage, building separation requirements and setback requirements as
well as, building height.
Chair/Low asked if in this case the Commission was within the parameters of
permissible size and CDD/Gubman said definitely. There is no question of
whether or not this proposal meets the development standards. He believes
the question goes to the findings of compatibility and conformance with the
design guidelines which is where the role of the Commission comes to the
forefront where the more qualitative or subjective review of the
appropriateness of this project needs to be deliberated upon. Yes, the project
meets the development standards. Staff has reviewed this project in the
context of the neighborhood, the orientation of the building, the particular
characteristics of the streetscape and staffs recommendation is to approve it
based on it fitting into that neighborhood streetscape. The guidelines are
intended to be used as a guidepost to evaluate the project and to consider the
subjective views of the neighborhood at large, whether this is an appropriate
project as proposed.
C/Farago asked what would be the largest home that could be put on the lot.
PC/Espino said that this could be a flat roofed three-story home with a 35 foot
height limit with no floor area ratio requirement the development standards
would limit the volume of this home. Conceivably, one could have a home
twice the size of the home being proposed.
C/Farago said that in looking at the elevation it seems to be massive. If the
ridgeline is actually further back, the cross view on the plans is deceiving
because it makes it appear larger than what it actually is if it is set back. He
asked where the ridgeline is in relationship to the property line at the sidewalk
at the driveway entrance and PC/Espino said it is set back quite a distance
because there is a transition from the design going from tract home to
Mediterranean style which will incorporate a hip roof. Currently, there is a
gable roof which is more imposing on the front. A hip roof has rooflines that
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are set back. He guessed that it was about 20 feet from the face to the back
of the garage so it is probably 40 feet from the ridgeline to the front property
line. C/Farago asked where the current ridgeline lies and PC/Espino said it is
a gable roof directly above the garage.
C/Wolfe commented that this is a very beautiful design but he agrees with
C/Nishimura that the design of the house is probably a bit imposing to the
neighborhood. He thinks there are some redeeming qualities to contemplate
such as the orientation of the house, the fact that the front of the house to the
right of the proposed project is behind the house on the southeast corner but
this is a very large house and he thinks the Commission needs to be careful
about allowing mansions in neighborhoods that do not support them. He is
not saying he has made a decision but he is concerned about the mass of the
house. He understands that the architect attempted to address that issue by
including different planes at the front of the house for which he complemented
the architect on th6 features proposed. He believed the orientation ultimately
helps the proposal significantly.
C/Nishimura said that based on CA/Volfe's concern about the ridgeline that if
one looks at the photo the existing roofline is 17 feet 6 inches tall and when
this project is built the new roofline will be just over 23 feet across the top.
VC/Mahlke said she appreciated neighbors speaking before the Commission
and how kindly they spoke about the applicant. She understands their
concerns and trusts the systems that are currently in place that will help
counter any of those concerns in terms of parking and business. She
acknowledged the potential overbuild for this project as also indicated by her
colleagues. At 1900 square feet up without any other changes this home
would be at 3800 square feet. Because of that she said she would move to
accept the proposed plan.
VC/Mahlke moved, Chair/Low seconded, to approve Development Review
and Minor Conditional Use Permit No. PI -2015-242, Findings of Fact, and
subject to the conditions of approval as listed within the resolution. Motion
failed 2-3 by the following Roll Call vote:
AYES: COMMISSIONERS: VC/Mahlke, Chair/Low
NOES: COMMISSIONERS: Farago, Nishimura, Wolfe
ABSENT: COMMISSIONERS: None
C/Nishimura moved to deny the project.
ACA/Eggart said that denial of a Development Review application requires
written Findings and Facts to support those Findings. C/Nishimura is making
a motion and articulating Findings that staff could put into a resolution but a
BRAW07 T
OCTOBER 13, 2015 PAGE 13 PLANNING COMMISSION
resolution would be required and in order to do so, this item would need to be
continued to a future meeting to bring back a written resolution of denial for
consideration by the Commission. In addition, CDD/Gubman asked him to
advise the Commission that it could be continued to allow the applicant an
opportunity redesign which is within the purview of the Commission.
C/Nishimura moved to direct staff to rewrite the resolution to deny the applicant
based on the Findings that it does not meet the City's Design Guidelines and
give the applicant a chance to come ' back. ACA/Eggart advised the
Commission that those would be alternative options. The option to give the
applicant an opportunity to come back to the Commission, with a revised plan
for consideration would not be a denial, it would be a continuance. Chair/Low
said that Findings have not yet been made.
ACA/Eggart restated C/Nishimura's motion to continue the public hearing to a
future date certain and to direct staff to prepare a Resolution of Denial on the
basis that Findings 1 and 3 required for approval of Development Review could
not be made on the basis that the design is inconsistent with the City Design
Guidelines, specifically provisions on pages 32 and 33 as well as, that under
Finding 3 that due to the square footage and size of the addition in comparison
with the size of other existing homes in the neighborhood, this project is out of
character with the other homes in the neighborhood. ACA/Eggart asked if his
reiteration of C/Nishimura's motion was consistent with his wishes.
ACA/Eggart said that for a future date he is not certain whether everyone will
be present for that meeting and the Commission may wish to select a different
meeting date.
C/Farago said his main concern is the mass toward the front and the size if it
was in the back away from the sightline of the street it could pretty much be
anything as long as it did not affect the look and feel of the neighborhood. If
the Commission made a separate or inclusive motion to allow time for the
applicant to redesign and bring that back to the Commission, is that an option
at this point. ACA/Eggart responded that it would be a separate motion and it
would be articulated as continue the item to a date certain to allow the
applicant the opportunity to redesign pursuant to direction provided by the
Commission. If that is the motion he would suggest that the public hearing be
reopened to ask the applicant if that is something they are willing to do.
C/Wolfe said he would like to second the continuance motion. He obviously
cast the third and deciding vote this evening but he believes that the orientation
of the property allows the opportunity for some changes to the proposed
project so that the mass scale at the front of the house is not so imposing. He
MD
OCTOBER 13, 2015 PAGE 14 PLANNING COMMISSION
believes there is an opportunity to make adjustments to the design that would
allow this size of a house or something close to it to fit into the neighborhood
and its character without being such a dramatic imposition although, as he has
repeatedly stated, it is a beautiful design.
Chair/Low reopened the public hearing.
Chair/Low asked Beatriz Flores if she was willing to take additional time to
redesign the project to better conform to the City's Design Guidelines and
Mrs. Flores responded "definitely, yes." Chair/Low asked how long it would
take to complete the redesign and Katie Flores said it would depend on staff
as well because it would take a bit of back and forth to make sure that they
reached a favorable conclusion. She is sorry that PC/Espino would not be
available to work on the project and asked if their project would be assigned
to a new planner.
CDD/Gubman directed his comments to Chair/Low that in response to
questions about continuance dates, PC/Espino is under contract with the City.
Although he has resigned as a City employee, he is on retainer as a consultant
to the City and he will continue to be the project manager for this project.
PC/Espino will also continue to work with the City as it moves forward to help
with the General Plan update and other important tasks. With the continuity
and momentum that staff has set for this project he would suggest it be
continued approximately one month to the November 10 agenda. If the item
is continued to a specific date it does not require that the project be re -noticed.
Should November 10 pass without all of the issues being resolved it can be
continued to a future date.
Chair/Low asked if November 10, 2015, was a suitable date for Ms. Flores she
responded "yes."
CDD/Gubman advised the applicant that state law requires that a decision to
approve or deny a project be made within 180 days of an application being
deemed complete. ACA/Eggart said that continuing the project to
November 10 was sufficient and that he would address the matter with staff
after that.
Chair/Low again closed the public hearing.
Chair/Low asked for a second on C/Nishimura's motion. C/Nishimura's motion
died for lack of a second.
OCTOBER 13, 2015
PAGE 15
rc�
PLANNING COMMISSION
C/Farago moved, C/Wolfe seconded to reopen the public hearing and continue
Development Review and Minor Conditional Use Permit No. PL2015-242 to
November 10, 2015, to allow the applicant the opportunity to redesign the
project pursuant to direction provided by the Commission.
C/Nishimura made a substitution motion to include notices be sent to the
property owners within 1000 feet of the project to advise them of the
continuation. C/Farago seconded the motion.
PC/Espino stated that should the Commission wish to continue the matter, the
best way to handle it may be to continue the matter to a date uncertain in which
case staff would automatically re -notify the project and it would not place a
burden on the applicant and staff to conclude the project on November 10. In
addition, those who have attended tonight's meeting would not be under the
impression that the matter might be concluded on November 10.
ACA/Eggart explained that there cannot be two motions on the floor; however,
the maker of the motion could, with the consent of the second motion maker,
amend his motion if so inclined.
C/Nishimura agreed to substitute his motion to continue Development Review
and Minor Conditional Use Permit No. PL2015-242 to a date uncertain to allow
the applicant the opportunity to redesign the project pursuant to direction
provided by the Commission. C/Farago seconded C/Nishimura's substitute
motion. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Nishimura, Wolfe,
VC/Mahlke, Chair/Low
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nishimura commended CDD/Gubman and his staff. He noticed a couple of weeks
ago that the little street signs on north Diamond Bar Boulevard were getting out of
hand. He drove out one day and noticed 'that the Code Enforcement Officer had
cleaned up the street after which it looked 100 percent better. He became aware of
another situation where CDD/Gubman went way beyond the call of duty and were
doing specialized things. There is an abandoned house in North Diamond Bar and
they went to the extraordinary length of declaring it a public nuisance, getting an
inspection warrant and they will abate the property and lien it for abatement costs as
well as attorney fees. These procedures are technical and involved and he thanked
CDD/Gubman and his staff for doing such a great job.
OCTOBER 13, 2015 PAGE 16 PLANNING COMMISSION
Chair/Low thanked CDD/Gubman and his staff for a great job as usual. She asked
CDD/Gubman to introduce his new staff member.
CDD/Gubman introduced Associate Planner Mayuko (May) Nakajima whose first day
was Wednesday, September 30. May comes to Diamond Bar from the City of Rancho
Cucamonga. She began her career as a student aid while attending CalPoly
Pomona. Upon graduation she was promoted to Assistant Planner. May brings to
Diamond Bar some really valuable experience that the City will capitalize on as it
moves forward on the General Plan Update as well as, saving the City from certain
doom because Josue had to leave his post as a full time employee. As mentioned at
the City Council meeting last week there were over 150 applicants and through two
screen processes, the number was reduced from 153 to 59 and after he personally
reviewed each of the applications he selected 8 to move forward through the panel
interview process. During the panel review, May was rated first among each of the
three panelists. He is very happy and excited to bring May on board as a member of
the Diamond Bar team.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated that on October 27 the agenda will consist of an addition
to a single family residence on Timberline Road south of Pathfinder Road.
Chair/Low asked the current status of Haggen's market. CDD/Gubman
reported that Haggen's has filed for bankruptcy and are pulling out of the
southwest. They are liquidating all of their acquisitions in those markets from
the Von's/Albertson's required sale. At present he does not know what will
happen at the Haggen's store. The City has major retail grocery chains that
are interested in locating in Diamond Bar and staff hopes that the down time
is at a minimum. The unfortunate discouraging news is that the City had a
viable supermarket before the mandated transfer to Haggen's. Haggen's
obviously underestimated the task of growing from a chain of about 17 stores
to 160 stores. It is unfortunate for employees at that store who thought they
would keep their jobs. He hopes it plays out well that a new supermarket
reoccupies the location and that the regulators that placed a prohibition on
Von's/Albertsons's from hiring former Haggen's employees is lifted to help with
the situation. As soon as he learns what is likely to happen and he is at liberty
to share the information with the Commission he will certainly do so.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
OCTOBER 13, 2015 PAGE 17 PLANNING COMMISSION
ADJOURNMENT: With no further business
usiness before the Planning Commission,
Chair/Low adjourned the regular meeting at 9:10 p.m.
The foregoing minutes are hereby approved this 27th day of October, 2015.
Attest:
Respectfully Submitted,
Ruth Low, Chairperson
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER: 7.1
MEETING DATE: October 27, 2015
CASE/FILE NUMBER: Development Review and Minor Conditional Use
Permit No. PL2015-326
PROJECT LOCATION: 20732 Timberline Lane
Diamond Bar, CA 91789 (APN 8765-009-048)
GENERAL PLAN DESIGNATION: Low Density Residential (RL)
ZONING DISTRICT: Low Density Residential (RL)
PROPERTY OWNER Chunwei Chi
APPLICANT: 20732 Timberline Lane
Diamond Bar, CA 91789
The applicant is requesting Development Review approval to construct a two-story addition
consisting of 909 square feet of floor area to an existing 1,546 square -foot, two-story
single-family residence with * an attached 467 square -foot, two -car garage on a 0.19 gross acre
(8,482 gross square -foot) lot. A Minor Conditional Use Permit is requested to allow a two-story
addition to an existing nonconforming structure with a zero -foot north side setback (where
5 feet is required), and a nonconforming distance to a structure on the adjacent lot to the north
of 8 feet, 4.5 inches (where 15 feet is required).
Adopt the attached Resolution (Attachment 1) approving Development Review and Minor
Conditional Use Permit No. PL2015-326, based on the findings of Diamond Bar Municipal
Code (DBMC) Sections 22.48 and 22.56, subject to conditions.
The project site is located on the west side of Timberline Lane, a local residential street, south
of the intersection with E. Canyon Ridge Lane. The property was developed in 1989 under Los
Angeles County standards with a 1,546 square -foot, two-story single-family residence and a
467 square -foot, two -car garage on a 0.19 gross acre (8,482 square -foot) lot. There are no
protected trees on site.
The existing house is situated toward the front (east) and north side of the lot, approximately
27 feet, 6.5 inches from the front property line.
The property is legally described as Lot 43 of Tract No. 45268, and the Assessor's Parcel
Number (APN) is 8765-009-048.
Iffcm
The following table describes the surrounding land uses located adjacent to the subject
property:
South 4 Project Site North
Panoramic Street View of Project Site
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 2 of 8
1=01VM19
The proposed two-story addition consists of the following components:
The existing two-story home consists of common areas (living room, dining room, and kitchen)
and a powder room (half -bathroom) on the first floor, and private areas consisting of three
bedrooms and two bathrooms on the second floor. The new two-story addition will be added
to the rear of the home. The first floor area will be modified to allow for the relocation and
enlargement of the dining area, a kitchen expansion, and an addition of a family room and
fourth bedroom with its own bathroom. An existing 81 square -foot front porch will remain;
however, the 362 square -foot rear patio area will be removed and replaced with a 139 square -
foot covered patio area.
The second floor addition consists of a new retreat/office area, with access from the existing
master bedroom. A minor modification to the existing master bedroom area is proposed to
allow for a larger master bathroom to accommodate a shower and reorientation of the existing
bathtub. The second floor addition will be recessed from the new first floor and porch area at
the rear of the house, and recessed from the new first floor area on the north and south sides
of the house. Also, an existing 302 square -foot balcony area—currently located directly above
the first floor patio area—will be removed and replaced with an off -set 85 square -foot balcony
area with direct access from the proposed retreat/office -room.
The height of the existing house is approximately 22' and the height of the proposed addition
will remain at the same approximate height, measured from the finished grade to the highest
point of the ro6fline.
The existing residence has a nonconforming (north) side setback of zero feet (where 5 feet is
required) and a nonconforming distance to a nonconforming distance to a structure on the
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 3 of 8
Existing
Proposed
Total
First Level
Living Area
737 s.f.
661 s.f.
1,398 s.f.
Garage Area
467 s.f.
0 s.f.
467 s.f.
Porch/Patio Area
443 s.f.
-223 s.f.
220 s.f.
Total First Level Area
1,946 s.f.
Second Level
Living Area
809 s.f.
248 s.f.
1,057 s.f.
Balcony Area
302 s.f.
-217 s.f.
85 s.f.
Total Second Level Area
1,1x42 s.f.
Total Living Area
1,546 s.f.
909 s.f.
2,455 s.f.
Total Garage Area
467 s.f.
0 s.f.
467 s.f.
Total Porch/Patio/Balcony Area
745 s.f.
-440 s.f.
305 s.f.
TOTAL FLOOR AREA
3,227 s.f
The existing two-story home consists of common areas (living room, dining room, and kitchen)
and a powder room (half -bathroom) on the first floor, and private areas consisting of three
bedrooms and two bathrooms on the second floor. The new two-story addition will be added
to the rear of the home. The first floor area will be modified to allow for the relocation and
enlargement of the dining area, a kitchen expansion, and an addition of a family room and
fourth bedroom with its own bathroom. An existing 81 square -foot front porch will remain;
however, the 362 square -foot rear patio area will be removed and replaced with a 139 square -
foot covered patio area.
The second floor addition consists of a new retreat/office area, with access from the existing
master bedroom. A minor modification to the existing master bedroom area is proposed to
allow for a larger master bathroom to accommodate a shower and reorientation of the existing
bathtub. The second floor addition will be recessed from the new first floor and porch area at
the rear of the house, and recessed from the new first floor area on the north and south sides
of the house. Also, an existing 302 square -foot balcony area—currently located directly above
the first floor patio area—will be removed and replaced with an off -set 85 square -foot balcony
area with direct access from the proposed retreat/office -room.
The height of the existing house is approximately 22' and the height of the proposed addition
will remain at the same approximate height, measured from the finished grade to the highest
point of the ro6fline.
The existing residence has a nonconforming (north) side setback of zero feet (where 5 feet is
required) and a nonconforming distance to a nonconforming distance to a structure on the
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 3 of 8
adjacent lot to the north of 8 feet, 4.5 inches (where 15 feet is required). By definition, the
residence is considered a "nonconforming structure" (DBMC Section 22.68.030). Approval of
a Minor Conditional Use Permit is required to allow an expansion of a nonconforming structure
if the expansion is not limited to the ground floor.
The architecture of the existing residence is a late 1980s tract home. The applicant is
proposing to maintain the same architectural style of the existing home.
East (Front) Elevation
ANALYSIS
The proposed project requires two separate, but interrelated, land use approvals: Development
Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that follows provides
the basis for staffs recommendation to approve the DR and MCUP applications.
Additions to structures which are equal to or greater than 50 percent of the existing habitable
floor area of all existing structures on site require Planning Commission approval of a DR
application. Development Review approval is required to ensure compliance with the City's
General Plan policies, development standards, and design guidelines, and to minimize adverse
effects of the proposed project upon the surrounding properties and the City in general.
As stated in Section 22.48.010 of the Development Code, the Development Review process
was established to ensure that new development and additions to existing development are
consistent with the General Plan "through the promotion of high functional and aesthetic
standards to complement and add to the economic, physical, and social character" of Diamond
Bar.
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 4 of 8
Development Standards: The following table compares the proposed project with the City's
development standards for residential development in the RL zone:
Minor Conditional Use Permit is requested to allow the continuation OT a nonconforming structure because ine allUILIUII is
not limited to the ground floor. See MCUP discussion on page 5 & 6.
Site and Grading Configuration: The property is an irregular shaped lot. The existing house
is situated on a level pad at the front of the property with a zero -foot setback along the north
side property line. The rear portion of the property contains a descending slope. The two-story
addition will be added at the rear of the existing home with the new second floor addition
recessed from the new first floor addition area. As such, minimal grading is required to
accommodate footings and foundation of the new addition.
Architectural Features, Colors, and Materials: The architecture of the existing residence is
a late 1980s tract design with textured stucco on exterior walls, and a hip and gable roof with
flat concrete tiles. The proposed design will maintain architectural integrity by incorporating
similar fenestration patterns, and matching exterior colors and building materials. The roof of
the proposed addition will match the existing 4:12 hipped and gabled roof pitch. The mass and
scale of the addition at the north and west (rear) sides of the home are proportionate to the
existing house.
Landscaping: Landscape plans are not required because the site is already developed, and
because the project is exempt from the City's Water Conservation Landscaping Ordinance.
The ordinance would only apply if 5,000 square feet or more of the existing landscaped area
was being altered. However, landscaping that is damaged during construction will need to be
restored upon project completion. This requirement is included as a condition of approval.
Minor Conditional Use Permit (DBMC Chapter 22.56)
An MCUP is required if a change or expansion of a nonconforming structure is greater than
50 percent of the existing square footage of all structures on site, or if the addition is not limited
to the ground floor. Current development standards require a minimum setback of 5 feet from
the (north) side property line, and a minimum distance of 15 feet between structures on
adjacent lots. The existing residence has a nonconforming (north) side setback of zero feet
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 5 of 8
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Minor Conditional Use Permit is requested to allow the continuation OT a nonconforming structure because ine allUILIUII is
not limited to the ground floor. See MCUP discussion on page 5 & 6.
Site and Grading Configuration: The property is an irregular shaped lot. The existing house
is situated on a level pad at the front of the property with a zero -foot setback along the north
side property line. The rear portion of the property contains a descending slope. The two-story
addition will be added at the rear of the existing home with the new second floor addition
recessed from the new first floor addition area. As such, minimal grading is required to
accommodate footings and foundation of the new addition.
Architectural Features, Colors, and Materials: The architecture of the existing residence is
a late 1980s tract design with textured stucco on exterior walls, and a hip and gable roof with
flat concrete tiles. The proposed design will maintain architectural integrity by incorporating
similar fenestration patterns, and matching exterior colors and building materials. The roof of
the proposed addition will match the existing 4:12 hipped and gabled roof pitch. The mass and
scale of the addition at the north and west (rear) sides of the home are proportionate to the
existing house.
Landscaping: Landscape plans are not required because the site is already developed, and
because the project is exempt from the City's Water Conservation Landscaping Ordinance.
The ordinance would only apply if 5,000 square feet or more of the existing landscaped area
was being altered. However, landscaping that is damaged during construction will need to be
restored upon project completion. This requirement is included as a condition of approval.
Minor Conditional Use Permit (DBMC Chapter 22.56)
An MCUP is required if a change or expansion of a nonconforming structure is greater than
50 percent of the existing square footage of all structures on site, or if the addition is not limited
to the ground floor. Current development standards require a minimum setback of 5 feet from
the (north) side property line, and a minimum distance of 15 feet between structures on
adjacent lots. The existing residence has a nonconforming (north) side setback of zero feet
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 5 of 8
(where 5 feet is required), and a nonconforming distance to a structure on the adjacent lot to
the north of 8 feet, 4.5 inches (where 15 feet is required).
The City recognizes that homeowners should be allowed to make appropriate improvements
to their properties, even if the existing improvements do not fully conform to current
development standards. Therefore, the City has established the IVICUP process for such
additions, subject to the findings set forth in the Development Code.
IVICUPs are normally subject to approval of the City's Hearing Officer (typically the Community
Development Director). However, because this IVICUP is being reviewed as part of a
DR application, both land use entitlements are subject to review and approval of the Planning
Commission.
Staff believes that approving the IVICUP as described above is appropriate and compatible with
other residences in the neighborhood, based on the following facts and observations:
The existing dwelling was built in the late 1980s, prior to the incorporation of the City of
Diamond Bar;
The proposed addition will be set back to comply with current development standards
and not further encroach into the existing nonconforming side setback of zero feet to the
(north) side property line or nonconforming distance to a structure on the adjacent lot to
the north of 8 feet, 4.5 inches; and
Neighboring properties have nonconforming setbacks, so the proposed project will
remain consistent with other homes within the 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 project is designed to be compatible with and
enhance the character of the existing homes in the neighborhood. The massing of the building
is softened by creating articulation of the rear and side fagades by recessing the second -story
addition from all three sides of the first floor area at the rear of the home. The addition -to the
rear of the home will maintain the same architectural style of the existing house. In sum, the
addition will be visually integrated into the existing home and not negatively impact the look
and character of the neighborhood.
The proposed 85 square -foot balcony area at the rear of the home is a reduction of an existing
.302 square -foot balcony area. - Also, an existing and proposed species of Podocarpus
macrophyllus (Sweet Yew Plum Pine) trees capable of a mature height between 30 to 40 feet,
with a mature spread of 20 to 25 feet are located along both side property lines and are capable
of growing to a maintainable height to minimize the views to/from the adjacent properties to the
north and south. A condition of approval is included in the attached resolution requiring
maintenance of these trees, and the planting of additional trees of the same species along a
portion of the side property lines to act as a hedge and maintain privacy among adjacent
properties.
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 6 of 8
Sweet Yew Plum Pine Tree at Mature Height
Based on these observations, staff does not find privacy loss to be a project impact to the
neighboring properties.
The project incorporates the principles of the City's Residential Design Guidelines as follows:
A gradual transition between the project and adjacent uses is achieved through
appropriate setbacks, building height, landscaping, and window and door placement;
a Elevations are treated with detailed architectural elements;
Roof lines are representative of the design and scale of the structure through vertical
and horizontal articulations;
Placement and relationship of windows, doors, and other window openings are carefully
integrated with the building's overall design;
Proper screening for ground and roof -mounted equipment is architecturally compatible
ble
with the dwelling in terms of materials, color, shape, and size and blends in with the
proposed building design;
The addition is visually integrated with the primary structure, by utilizing similar colors
and materials throughout the proposed addition; and
Large wall expanses without windows or doors are avoided, with the exception of the
second floor of the north elevation to maintain existing privacy to the abutting neighbor.
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 7 of 8
Additional Review
The Public Works Department and Building and Safety Division reviewed this project, and their
comments are included in the attached resolution as conditions of approval.
On October 12, 2015, public hearing notices were mailed to property owners within a 1,000 -foot
radius of the project site. On October 16, 2015, 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 notice was posted at the City's three designated community
posting sites.
No comments have been received as of the publication date of this report.
This project has been reviewed for compliance with the California Environmental Quality Act
(CEQA). Based on that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e)
(additions to existing structures) of the CEQA Guidelines. No further environmental review is
required.
Prepared by: Reviewed by:
Josue Espino
Planning Consultant
Attachments:
V
A
G
enior P'lanner
1. Draft Resolution No. 2015 -XX and Standard Conditions of Approval
2. Site Plan, Floor Plans, and Elevations
Development Review and
Minor Conditional Use Permit No. PL 2015-326 Page 8 of 8
PLANNING COMMISSION
RESOLUTION NO. 2015 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR
CONDITIONAL USE PERMIT NO. PL2015-326 FOR THE CONSTRUCTION OF A
TWO-STORY ADDITION CONSISTING OF 909 SQUARE FEET OF FLOOR AREA
TO AN EXISTING 1,546 SQUARE -FOOT, TWO-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED 467 SQUARE -FOOT, TWO -CAR GARAGE ON '
A 0.19 GROSS ACRE (8,482 SQUARE -FOOT) LOT; A MINOR CONDITIONAL USE
PERMIT (MCUP) IS REQUESTED TO ALLOW A TWO-STORY ADDITION TO AN
EXISTING NONCONFORMING STRUCTURE WITH A NORTH SIDE SETBACK OF
ZERO FEET (WHERE 5 FEET IS REQUIRED), AND A NONCONFORMING
DISTANCE TO A STRUCTURE ON THE ADJACENT LOT TO THE NORTH OF 8
FEET, 4.6 INCHES (WHERE 15 FEET IS REQUIRED) AT 20732 TIMBERLINE LANE,
DIAMOND BAR, CA 91789 (APN 8765-009-048).
A. RECITALS
1. The property owner and applicant, Chumwei Chi, has filed an application for
Development Review and Minor Conditional Use Permit No. PL2015-326 to
construct a two-story addition consisting of 909 square feet of floor area to an
existing 1,546 square -foot, two-story single-family residence with an attached
467 square -foot, two -car garage located at 20732 Timberline Lane, Diamond Bar,
County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a two-story addition consisting of
909 square feet of floor area.
(b) Minor Conditional Use Permit to allow a two-story addition to an existing
nonconforming structure with a north side setback of zero feet (where
5 feet is required), and a nonconforming distance to a structure on the
adjacent lot to the north of 8 feet, 4.5 inches (where 15 feet is required).
Hereinafter in this Resolution,, -the subject Development Review and Minor
Conditional Use Permit shall be referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 8,482 gross square feet
(0.19 gross acres). It is located in the Low Density Residential (RL) zone with an
underlying General Plan land use designation of Low Density Residential.
4. The legal description of the subject property is Lot 43 of Tract 45268. The
Assessor's Parcel Number is 8765-009-048.
5. On October 12, 2015, public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project site. On October 16, 2015, notification
of the public hearing for this project was published in the San Gabriel Valley
Tribune and the Inland Valley Daily Bulletin newspapers. In addition to the
published and mailed notices, the project site was posted with a public hearing
notice on a display board, and the notice was posted at the City's three
designated locations.
6. On October 27, 2015, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
13'. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution -are true -and correct; and
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15301 (e) (additions to existing
structures) of the CEQA Guidelines. Therefore, no further environmental review
is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56, and 22.68, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. 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).
The design and layout of the proposed two-story addition consisting of
909 square feet of floor area to the existing two-story single-family residence is
consistent with the City's General Plan, City Design Guidelines and development
standards with the exception to an existing nonconforming (north) side setback
of zero feet (where 5 feet is required), and a nonconforming distance to a
structure on the adjacent lot to the north of 8 feet, 4.5 inches (where 15 feet is
required). The two-story addition will be added at the rear of the existing home
with the new second floor addition recessed from the new first floor addition area.
The proposed design will maintain architectural integrity by incorporating similar
2
Planning Commission Resolution No. 2015 -XX
fenestration patterns, and matching exterior colors and building materials. * The
roof of the proposed addition will match the existing 4:12 hipped and gabled roof
pitch. The mass and scale of the addition at the north and west (rear) sides of
the home are proportionate to the existing house.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
2. - The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future developments, and will not create
traffic or pedestrian hazards.
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project site
is designed for a single-family home and the surrounding uses are also single-
family homes. In addition, no protected trees exist on site. The proposed
85 square -foot balcony area at the rear of the home is a reduction of an existing
302 square -foot balcony area. Also, an existing and proposed species of
Podocarpus (Yew Plum pine) trees capable of a mature height between 30 to
40 feet, with a mature spread of 20 to 25 feet are located along both side property
lines and are capable of growing to a maintainable height to minimize the views
to/from the adjacent properties to the north and south. A condition of approval is
included in the attached resolution requiring maintenance of these trees, and the
planting of additional trees of the same species along a portion of the side
property lines to act as a hedge and maintain privacy among adjacent properties.
The proposed addition will not interfere with vehicular or pedestrian movements,
such as access or other functional requirements of a single-family home because
it complies with the requirements for driveway widths and is a continuation of an
existing use.
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain and enhance the
harmon*ious, orderly and attractive development contemplated by Chapter 22.48:
Development Review Standards, the City's Design Guidelines, the City's General
Plan, or any applicable specific plan.
The architecture of the existing residence is a late 1980s tract design with
textured stucco on exterior walls, and a hip and gable roof with flat concrete tiles.
The proposed design will maintain architectural integrity by incorporating similar
fenestration patterns, and matching exterior colors and building materials. The
roof of the proposed addition will match the existing 4:12 hipped and gabled roof
pitch. The mass and scale of the addition at the north and west (rear) sides of
the home are proportionate to the existing house.
As mentioned, the proposed 85 square -foot balcony area at the rear of the home
is a reduction of an existing 302 square -foot balcony area. Existing and proposed
3
Planning Commission Resolution No. 2015 -XX
species of Podocarpus (Yew Plum pine) trees capable of a mature height
between 30 to 40 feet, with a mature spread of 20 to 25 feet are located along
both side property lines and are capable of growing to a maintainable height to
minimize the views to/from the adjacent properties to the north and south. The
project, as conditioned herein, will maintain privacy views looking to/from
adjacent properties.
Therefore, the addition will be visually integrated into the existing home and not
negatively impact the look and character of the neighborhood.
4. The design of the proposed development will provide a desirable environment for
its occupants and visiting public as well as its neighbors through good aesthetic
use of materials, texture, color, and will remain aesthetically appealing.
The architecture of the existing residence is a late 1980s tract design with
textured stucco on exterior walls, and a hip and gable roof with flat concrete tiles.
The proposed design will maintain architectural integrity by incorporating similar
fenestration patterns, and matching exterior colors and building materials. The
roof of the proposed addition will match the existing 4:12 hipped and gabled roof
pitch. The mass and scale of the addition at the north and west (rear) sides of
the home are proportionate to the existing house.
5. The proposed development will not be detrimental to public health, safety or
welfare or materially injurious (e.g., negative effect 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 and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies 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.
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)
(additions to existing structures) of the CEQA guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. The proposed use is allowed within the subject zoning district with the approval
of a Minor Conditional Use Permit and complies with all other applicable
provisions of this Development Code and the Municipal Code.
4
Planning Commission Resolution No. 2015 -XX
The existing single-family dwelling is a permitted use in the RL zone. A Minor
Conditional Use Permit (MCUP) is requested to allow a two-story addition to an
existing nonconforming structure with a (north) side setback of zero feet (where
5 feet is required), and a distance to a structure on the adjacent lot to the north
of 8 feet, 4.5 inches (where 15 feet is required).
The substandard distance from the structure to the north side property line and
to the structure on the adjacent lot to the north renders the project nonconforming.
The addition of a nonconforming structure requires approval of a Minor
Conditional Use Permit because the addition is not limited to the ground floor.
The proposed two-story addition consisting of 909 square feet of floor area to an
existing two-story home complies with all other development standards of the
RL zone.
2. The proposed use is consistent with the general plan and any applicable specific
plan.
The proposed addition to a single-family dwelling unit is consistent with the City's
adopted General Plan. The site is not subject to the provisions of any specific
plan.
3. The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity.
The existing single-family dwelling and the proposed two-story addition consisting
of 909 square feet of floor area will be set back to comply with current
development standards and not further encroach into the existing nonconforming
side setback of zero feet to the north side property line or nonconforming distance
to a structure on the adjacent lot to the north of 8 feet, 4.5 inches. The design of
the existing single-family dwelling and the proposed addition are compatible with
the character of the existing homes in the neighborhood because neighboring
properties have nonconforming setbacks.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with adjoining
land uses, and the absence of physical constraints.
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land is
consistent with the surrounding land uses. As previously mentioned herein, the
.proposed 85 square -foot balcony area at the rear of the home is a reduction of
an existing 302 square -foot balcony area. Existing and proposed species of
Podocarpus (Yew Plum pine) trees capable of a mature height between 30 to
40 feet, with a mature spread of 20 to 25 feet are located along both side property
lines and are capable of growing to a maintainable height to minimize the views
to/from the adjacent properties to the north and south. The project, as
conditioned herein, will maintain privacy views looking to/from adjacent
properties. The proposed addition of floor area is consistent with the
5
Planning Commission Resolution No. 2015-)(X
development standards for the RL zone and will not encroach into the existing
nonconforming side setback or distance to the structure on the adjacent lot to the
north.
5. Granting the Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience or welfare, or materially injurious to persons,
property or improvements in the vicinity and zoning district in which the property
is located.
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling units
located in the surrounding neighborhood. The proposed expansion of the
dwelling unit will not negatively impact the public interest, health, safety
convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)
(additions to existing structure) of the CEQA Guidelines.
Non -Conforming Structures Findings (DBMC Section 22.68.030)
The addition, enlargement, extension, reconstruction, relocation or structural alteration of the
nonconforming structure would not result in the structure becoming:
Incompatible with other structures in the neighborhood.
The proposed two-story addition of floor area is consistent with the development
standards for the RL zone. The existing single-family dwelling and the proposed
two-story addition consisting of 909 square feet of floor area will be set back to
comply with current development standards and not further encroach into the
existing nonconforming side setback of zero feet to the north side property line or
nonconforming distance to a structure on the adjacent lot to the north of 8 feet,
4.5 inches. The proposed project is located at the rear of the existing home. The
existing and proposed use of land is consistent with the surrounding land uses
and structures in the neighborhood. Neighboring properties also have
nonconforming setbacks, so the proposed project will remain consistent with
other homes within the neighborhood.
2. Inconsistent with the general plan or any applicable specific plan.
The proposed addition to a single-family dwelling unit is consistent with the City's
adopted General Plan. The site is not subject to the provisions of any specific
plan.
3. A restriction to the eventual/future compliance with the applicable regulations of
6
Planning Commission Resolution No. 2015 -XX
this Development Code.
The existing and proposed use of land is consistent with the surrounding land
uses with similar side setbacks and distances to structures on adjacent lots. The
proposed addition 'of floor area is consistent with the development standards for
the RL zone and will not encroach into the existing nonconforming north side
setback or distance to the structure on the adjacent lot to the north.
4. Detrimental to the health, safety and general welfare of persons residing in the
neighborhood.
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 and Public Works/Engineering Departments requirements.
Through the permit and inspection process, the referenced agencies 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.
5. Detrimental and/or injurious to property and improvements in the neighborhood.
The addition to the existing single-family dwelling unit will be constructed in a
manner similar with existing dwelling units located in the surrounding community
and will not be detrimental and/or injurious to property and improvements in the
neighborhood.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing.
2. Existing Podocarpus macrophyllus (Sweet Yew Plum Pine) trees, or similar
species, shall be maintained along a portion of the north and south property lines,
and additional trees of the same species shall be planted along said property
lines to act as a hedge and maintain privacy among adjacent properties.
4. Standard Conditions., The applicant shall comply with the standard development
conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the property owner and applicant, Chumwei Chi, 20732 Timberline Lane,
Diamond Bar, CA 91789.
7
Planning Commission Resolution No. 2015 -XX
APPROVED AND ADOPTED THIS 27th DAY OF OCTOBER 2015, BY THE PLANNINC
CO
M
Ruth Low, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 27th day of October, 2015, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
8
Planning Commission Resolution No. 2015 -XX
II DI�IOfiD Bl� � COMMUNITY
— —
DEPARTMENT M4
n l�
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
-ODevelopment Review - No. PL 2015-326
SUBJECT: To construct a two-story addition consisting of 909 square feet of
floor area to an existing 1,546 square -foot, two-story single-family
residence with an attached 467 square -foot, two -car garage; and a
Minor Conditional Use Permit (MCUP) to allow a two-story addition
to an existing nonconforming structure with a zero -foot north side
setback (where 5 feet is required), and a nonconforming distance to
a structure on the adjacent lot to the north of 8 feet, 4.5 inches (where
15 feet is required).
PROPERTY Chumwei Chi
OWNER / 20732 Timberline Lane
APPLICANT: Diamond Bar, CA 91789
LOCATION: 20732 Timberline Lane, Diamond Bar, CA 91789
�. • �,.--167A• • - -
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839_-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 and Minor Conditional Use
Permit No. PL2015-326 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
9
Planning Commission Resolution No. 2015 -XX
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
defendants. 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 and Minor Conditional Use Permit No. PL2015-326, at the
City of Diamond Bar Community Development Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay remaining City
processing fees, school fees and fees for the review of submitted reports.
3. All des ' igners, architects, engineers, and contractors associated with this project
shall obtain a Diamond, Bar Business License; and a zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2015 -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. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as grading,
tree removal, encroachment, building, etc.,) or approved use has commenced,
whichever comes first.
10. The property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
10
Planning Commission Resolution No. 2015 -XX
11. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading permit
(whichever comes first), as required by the City. School fees as required shall
be paid prior to the issuance of building permit. In addition, the applicant shall
pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review and Minor Conditional Use Permit
No. PL2015-326 expires within two years from the ' date of approval if the use has
not been exercised as defined pursuant to Diamond Bar Municipal Code (DBMC)
Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c), the
applicant may request, in writing, a one-year time extension for Planning
Commission consideration. Such a request must be submitted to the Planning
Division prior to the expiration date and be accompanied by the review fee in
accordance with the Fee Schedule in effect at the time of submittal.
This approval is to construct a 909 square -foot, two-story addition to an existing
two-story home located at 20732 Timberline Lane, as described in the staff report
and depicted on the approved plans on file with the Planning Division, subject to
the conditions listed herein.
2. The construction documents submitted for plan check shall be in substantial
compliance with the architectural plans approved by the Planning Commission,
as modified pursuant to the conditions below. If the plan check submittal is not
in substantial compliance with the approved Development Review submittal, the
plans may require further staff review and re -notification of the surrounding
property owners, which may delay the project and entail additional fees.
3. To ensure compliance with the provisions of the Planning Commission approval,
a final inspection is required from the Planning Division when work for any phase
of the project has been completed. The applicant shall inform the Planning
11
Planning Commission Resolution No. 2015 -XX
Division and schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding upon all future
owners, operators, or successors thereto of the property. Non-compliance with
any condition of approval or mitigation measure imposed as a condition of the
approval shall constitute a violation of the City's Development Code. Violations
may be enforced in accordance with the provisions of the Development Code.
5. Failure to comply with any of the conditions set forth above or as subsequently
amended in writing by the City, may result in failure to obtain a building final
and/or a certificate of occupancy until full compliance is reached. The City's
requirement for full compliance may require minor corrections and/or complete
demolition of a non-compliant improvement, regardless of costs incurred where
the project does not comply with design requirements and approvals that the
applicant agreed to when permits were pulled to construct the project.
6. 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 referenced as site plans, floor plans,
architectural elevations, and landscape plans on file with the Planning Division,
the conditions contained herein, and the Development Code regulations.
7. All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc., shall be located out of public view and adequately screened
through the use of a combination of concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the Planning Division.
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly appearance.
All graffiti shall be removed within 72 hours by the property owners/occupant.
10. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
1 The site shall be maintained in a condition, which is free of debris both during and
after the construction, addition, or implementation of the entitlement approved
herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant
or by a duly permitted waste contractor, who has been authorized by the City to
provide collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be the
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Planning Commission Resolution No. 2015 -XX
I
applicant's obligation to insure that the waste contractor used has obtained
permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised
waste hauler to all parcels/lots or uses affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Prior to Building Permit issuance, an Erosion Control Plan shall be submitted
concurrently with the drainage plan clearly detailing erosion control measures for
review and approval. 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 (BMPs) as specified in the Storm Water BMP
Certification.
2. 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 7:00 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.
Detailed drainage system information of the lot shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the
natural drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
a 0 1:4 Z-11-1 RUP191 ki 111111111111*] z &I
1 At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. 2013 California Building Code series
will apply) requirements and all other applicable construction codes, ordinances
and regulations in effect.
2. Provisions for CALGreen shall be implemented onto plans and certification shall
13
Planning Commission Resolution No. 2015 -XX
be provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
Construction shall conform to the current CALGreen Code.
3. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Arch itect/Engineer with wet
stamp and signature.
4. This- project shall comply with the energy conservation require * ments of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 119 and 150(k).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per
California Energy Code 150(0).
6. A detailed drainage plan shall be submitted which includes design for preventing
cross -lot drainage across the zero lot line conditions. Drainage shall be
maintained to flow to an approved location away from any structures and property
lines.
7. All balconies shall be designed for 60lb/ft live load.
8. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
9. Light and ventilation shall comply with CBC 1203 and 1205. The kitchen and
master bedroom shall provide adequate light and ventilation openings directly
from the outside.
1:24
10. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8. The
contractor shall complete all required forms and pay
y applicable deposits prior to
permit.
11. Prior to building permit issuance, all school district fees shall be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
12. Submit grading plans clearly showing all finish elevations, drainage, and retaining
wall locations. No building permits shall be issued prior to submitting a pad
certification.
14
Planning Commission Resolution No. 2015 -XX
13. SCAQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
14. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
15. Every permit issued by the building official under the provisions of this Code shall
expire and become null and void unless the work authorized by such permit is
commenced within one -hundred -eighty (180) days after permit issuance, and if a
successful inspection has not been obtained from the building official within
one -hundred -eighty (180) days from the date of permit issuance or the last
successful inspection. A successful inspection shall mean a documented passed
inspection by the city building inspector as outlined in Section 110.6.
16. The project shall be protected by a construction fence to the satisfaction of the
Building Official. All fencing shall be view obstructing with opaque surfaces.
17. All structures and property shall be maintained in a safe and clean manner during
construction. The property shall be free of debris, trash, and weeds.
18. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
19. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
20. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame inspection.
21. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
22. Any changes or deviation from approved plans during the course of construction
shall be approved by the City prior to proceeding with any work.
23. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
24. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
15
Planning Commission Resolution No. 2015 -XX
25. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away from the
building at a 2% minimum slope. The final as -built conditions shall match the
grading/drainage plan or otherwise approved as -built grading/drainage plan.
26. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with approved and
listed water proofing material. Guardrails shall be provided for these surfaces at
least 42" minimum in height, 4" maximum spacing between rails, and capable of
resisting at least 20 pounds per lineal foot of lateral load.
27. Special inspections and structural observation will be required in conformance to
CBC 1704 to 1709.
28. All plumbing fixtures including existing areas shall have low flow type fixtures
installed consistent with California Civil Code Section 1101.1 to 1101.8.
FOOI]
16
Planning Commission Resolution No. 2015 -XX
F-,
CHUNWEI CHI RESIDENCE
20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
Code Summary
Area Calculations
Project Data
RONT YARD SET BACK:
1, EXISTING SITE AREA 8.482 SO. FT. (GROSS).
PROJECT: FIRST FLOOR EXTENSION AND REMODEL
(BEDROOM WITH BATHROOM,
REQUIRED 20'-0' MIN (12.21A 17A)
2. EXISTING BUILDING 1.546 SO. FT.
FAMILY ROOM, AND DINING ROOM)
PROPOSED EXISTING
3. PROPOSED ADDITION 909 SQ. FT.
SECOND FLOOR ADDITION (RETREAT)
REAR YARD SETBACK:
4. FIRST FLOOR (EXIST) 737 SQ. FT.
(PROPOSSED) FT.
OWNER: CHUNMEI CHI
20732 TIMBERLINE LN..
REQUIRED 20'-0' MIN (12.08 C 3)
_8fi1.SO.
1,398 SQ. FT.
DIAMOND BAR, CA. 91789
PROPOSED EXISTING
FRONT PORCH) 81 SQ, FT.
ZONING: RL (LOW DENSITY RESIDENT)
SIDE YARD SETBACK:
REAR PATIO TO BE REMOVED) 382 SQ. FT.
CONSTRUCTION TYPE: TYPE V -B
RIGHT SIDE REQUIRED 5'-0' MIN (12.21 A 17B)
(REAR PATIO) 139 SO, FT.
LEFT SIDE REQUIRED 10'-0- MIN (12.21 A 17B)
SECOND FLOOR (EXIST) 809 SQ. FT.
CALIFORNIA RESIDENTIAL CODE
BUILDING CODE / COUNTY AMENTMENTS
W
W/
PROPOSED EXISTING
(PROPOSED) -24@. SQ. FT.
�T' 43
BUILDING HEIGHT:
35-0' MAX (12.21 A 17C)
1,057 SQ. FT.
(REAR BALCONY TO BE REMOVED) 302 SR. FT.
TRACK; 45268
CITY.; DIAMOND BAR
REQUIRED
(REAR NEW BALCONY) 85 SQ. FT.
PROPOSED EXISTING
COUNTY: LOS ANGELES
GRAND TOTAL (S.F.) 2.455 SQ. FT.
ASSESSOR'S ID NO.: 8765-009-048
S. GARAGE (E) 467 SQ. FT.
6. PATIO COVERAGE (E) 362 SQ. FT.
Vacinity Map
7. LOT COVERAGE (E)
(FIRST FLOOR BUILDING) 737 SQ. FT.
�.
(GARAGE) 467 SQ. FT.
)i amLtn Il
(FRONT PORCH) 81 SO. FT.
_
(REAR PATIO TO BE DEMO) 362 SQ. FT.
-1 8.482 SQ. FT
.19FT.]
4
8. LOT COVERAGE (P)�
(((FIRST FLOOR BUILDING) 1,398 SQ, FT.
N
'
(FRONTEPORCH) 81 SQ. FT.
(REAR PATIO) 139 S0, FT.
2,O�Z Q. FT./ 8.482 SQ. FT.
9. LANDSCAPE AREA (P)
s2,542 SQ. FT.
,-, --- -
`N) 530 SO' FT'
PROJECT SITE:
530 SQ, FT./ 8,482 SO. FT.
20732 Timberlinelm"
.05%
Diamond Dar, Ca. 91789
Statement of Special Inspection 2013 CRC
I BLOCK MAP
Special .Inspections per sections i iu4 ono 1 im
Description of seismic-force-resleting system and designated seismic systems subject to special Inspections
PLOT PLAN
as per Section 1705.3:
EXISTING FIRST FLOOR PLAN AND EXISTING SECOND FLOOR PLAN
PROJECT SITE:
Description of main wind -force -resisting system and designated wind resisting components subject to
A-4
20732 TimberlineIm
special Inspections In accordance with Section 1705,4.2:
PROPOSED SECOND FLOOR PLAN
Diamond Bar, Ca. 91
12.- inspection of epoxy anchors and epoxy reinforcin• the special Inspector
retained by the owner sholl provide continuous Inspection of all epoxyy anchoring
steel. Inspection shall be to veNI that the product
A-6
for bolts and or reinforcing provided
Is being Installed in accordance with the manufacturer's directions and requirements.
1 i 11 1111,
CONSTRUCTION TO COMPLY W/ LOCAL CODES &
ORDINANCES & THE FOLLOWING:
APPLICABLE BUILDING CODES:
ALL PLANS TO COMPLY WITH T-24 AND
THE FOLLOWING:
i 2013 CBC, 2013 CRO, 2013 CMC,
2013 CPC. 2013 CEC, 2013 CFC,
20DS CALIFORNIA ENERGY CODE,
2013 AND LOCAL BUILDING CODE
1. SECTION 4.106.2 - STORM WATER DRAINAGE AND RETENTION
DURING CONSTRUCTION.
2. SECTION 4.106.3 - SURFACE DRAINAGE. THE SITE SHALL
BE PLANNED AND DEVELOPED TO KEEP SURFACE WATER
FROM ENTERING BUILDINGS. PLANS SHALL INDICATE HOW
THE SITE GRADING OR DRAINAGE SYSTEM WILL MANAGE
WATER FLOWS.
3. SECTION 4.303 - INDOOR WATER USE
SECTION 4.303.1 - TWENTY PERCENT SAVINGS FOR PLUMBING FIXTURES
1. ACCORDING TO TABLE 4.303.2 OR
2. 20% REDUCTION FROM BASELINE IN TABLE 4.303.1
SECTION 4.303.2 - MULTIPLE SHOWERHEADS SERVING
ONE SHOWER,
SECTION 4.303.3 - PLUMBING FIXTURES AND FITTINGS SHALL
COMPLY WITH TABLE 4.303.3.
4. SECTION 4.304 - OUTDOOR WATER USE
SECTION 4.304.1 - IRRIGATION CONTROLLERS SHALL BE:
1. WEATHER OR SOIL MOISTURE BASED CONTROLLERS
2. WEATHER BASED CONTROLLERS SHALL HAVE A RAIN SENSOR
5. SECTION 4.406.1 - SEAL BUILDING ENVELOPE JOINTS AND OPENINGS
ACCORDING TO CEC.
6. SECTION 4.406 - CONSTRUCTTION WASTE REDUCTION, DISPOSAL, AND
RECYCLING.
SECTION 4.4G6.1 - 50% WASTE REDUCTION
SECTION 4.408.2 - CONSTRUCTION WASTE MANAGEMENT PLAN
Green Building Notes
7. SECTION 4.410 - BUILDING OPERATIONS AND MAINTENANCE MANUAL
S. SECTION 4.503 - FIREPLACES
9. SECTION 4.504 - POLLUTANT CONTROL
SECTION 4.504.1 - COVER DUCT OPENINGS AND PROTECTION
HVAC EQUIPMENT DURING CONSTRUCTION.
SECTION 4.504.2 - FINISH MATERIAL POLLUTANT CONTROL
10. SECTION 4,505 - INTERIOR MOISTURE CONTROL
SECTION 4.505.2 - CONCRETE SLAB FOUNDATION.
SECTION 4.505.3 - BUILDING MATERIAL MOISTURE CONTENT.
11. SECTION 4.506 - INDOOR AIR QUALITY
SECTION 4.506.1 - BATHROOM EXHAUST FANS:
1. ENERGY STAR & DUCTED TO THE OUTSIDE
2. H1U,AIIDISTAT CONTROLLED, UNLESS PART OF WHOLE HOUSE VENT
12. SECTION 4.507 - ENVIRONMENTAL COMFORT
SECTION 4.507.1 - COVERS FOR WHOLE HOUSE FANS WITH R-4.2
INSULATIVE VALUE.
SECTION S AND.ASHRHEATING & A/C SYSTEM DESIGN (ACOA
At W um irt,�ed' ary eh9n0 ro� i �9 •� tOmw.. ae...wr en era
OPENABLE AREA f/
5.7 SQUARE FEET
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SITE PLAN,
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EXISTING FIRST FLOOR PLAN AND EXISTING SECOND FLOOR PLAN
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ROOF PLAN
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PROPOSED FIRST FLOOR PLAN AND
PROPOSED SECOND FLOOR PLAN
A-5
EAST (FRONT) ELEVATION, EAST (FRONT) ELEVATION PROPOSED
GATE FENCE, AND WEST (REAR) ELEVATION.
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SOUTH (RIGHT SIDE) ELEVATION AND NORTH (LEFT SIDE)
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CHUNWEI CHI RESIDENCE
COPYRIGHT - ALL RIGHT RESERVED
OCT?,02015
CITY OF DIAMOND BAIL
REV I REVISIDN I DATE
revisions
project
20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
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20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
content
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project
20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
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20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
content
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107 SQ. FT.
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revisions
project
20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
content
drown by; OWNER
checked by;
date; JUNE. 2015
drawing no,
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REV I RMSDIN ( DATE
revisions
project
20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
content
drown by; OWNER
checked by;
date; JUNE. 2015
drawing no,
7
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PERTHE MUNICIPAL CODE AN ACCESORY STRUCTURE SHALL INCORPORATE
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G. STUCCO AND WINDOW INSTALLATION SHALL MATCH EXISTING,
7. ROOF MATERIAL, rLAT TILE BEL AIR OR EQUAL, W14:12
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CHUNWEI CHI RESIDENCE
9 0
ALL RIG14T5 RESERVEO
REV I mmsmN _DATE
revisions
project
20732 TIMBERLINE LN.,
DIAMOND BAR, CA. 91789
client
CHUNWEI CHI RESIDENCE
(909)921-8818
20732 TIMBERLINE LN.,
DIAMOND BAR, CA., 91789
content
drawn by; OWNER
checked by;
date; OCT. 2015
drawing no.
Emdom
SOUTH (LEFT SIDE) ELEVATION
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project
2O782TIMBERLINE UN..
DIAMOND BAR, CA. 91789
client
CHUNVVE|CHI RESIDENCE
(909)921-8818
2U732TIMBERLINE LN..
DIAMOND BAR, CA..3178S
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date; OCT, 2015
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
1, Stella Marquez, declare as follows:
On October 27, 2015, the Diamond Bar Planning Commission will hold a Regular
Meeting at 7:00 p.m. at City, Windmill Community Room, 21810 Copley Drive, Diamond
Bar, California.
I am employed by the City of Diamond Bar. On October 22, 2015, a copy of the
Planning Commission Agenda was posted at the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
21800 Copley Drive
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 22, 2015, at Diamond Bar, California.
Stella MarqOez
CDAzstel I a\affl d av itposting. doe
11,111111 11;;1 iiiiiiiii:ri;l
Neighbor Awareness Form
This is not a consent form. AffectL-neighbors merely sign that they have seen the architectural request
and have had an opportunity to review the proposed plans and make comment to the Association.
Neighbors with any concerns should note them in the comment section below. A neighbor who desires to
attend the next Board meeting to address concerns, should immediately contact management, CMC
Community Management Company, Julie Virgen at (714) 634-0611, for the date of the next Board meeting.
Facing Neighbor (home across the street)
Name: . �ZZ-'Address: o�D���GG�ignature:
No Comment- I have a comment as follows:
L4N
Adiacent Neighbor
Name: 0141(1 f ��V-e4 Address: 207-39,%�Signatures.,?. �C
No CommentI have a comment as follows:
Adiacent Neighbor
'Name: /,..UA-�.J' e,4&�Address:ignature:
No Comment ❑ I have a comment as follows:
Impacted Neighbor (oth r home affected by the proposed improvement; ie, bV Lrperly)
Name: f Address: ..20 S&Ltur
No Comment F-1 I have a comment as follows:
Instructions and Homeowner's Declaration
The, undersigned hereby declares that the neighbors above who have signed this form have seen the architectural
request and been given the opportunity to review the proposed home improvement plans. If a neighbor listed above,
has :refused to sign this form or.after reasonable attempts I have not been able to personally communicate with the
neighbor, I have sent a copy of the complete request and full plans to the neighbor, by certified and regular mail at least
10 business days before the submission of the same to the Architectural Committee, and attached hereto proof of such
mailing. I understand that any neighbor objections do not in themselves, cause denial of the application by the
Architectural Committee.
NameC IMNAq,[ C)AL Address:DO82T`/fi,b�r�i dLQ 4/V Dater moo/