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CITY COUNCIL MEETING

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. Chairperson Naila Barlas Vice Chairperson Frank Farago
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Commissioner Jennifer Fred Mahlke Commissioner Kenneth Mok Commissioner William Rawlings

In an effort to comply with the requirements of Title II of the Americans with

Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any

No additional detail provided

type of special equipment, assistance or accommodation(s) in order to communicate at a

City public meeting must inform the Community Development Department at
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(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.

Please refrain from smoking, eating or drinking in the Windmill Community Room The City of Diamond Bar uses recycled paper and encourages you to do the same
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City of Diamond Bar Planning Commission

MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing to the Secretary. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission.
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Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. When speaking, please direct your questions and comments to the Commission, not to staff or other members of the public.

In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda.

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INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION

Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION

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Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov

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CITY OF DIAMOND BAR PLANNING COMMISSION September 24, 2019

AGENDA Next Resolution No. 2019-12
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CALL TO ORDER: 6:30 p.m.

PLEDGE OF ALLEGIANCE:

1.
ROLL CALL: COMMISSIONERS: Jennifer Fred Mahlke, Kenneth Mok, William Rawlings, Frank Farago, Vice Chairperson, Naila Barlas, Chairperson

No additional detail provided

2.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:

No additional detail provided

This is the time and place for the general public to address the members of the Planning Commission on any item that is within its jurisdiction, allowing the public an opportunity to speak on non-public hearing and non-agenda items. Please complete a Speaker s Card for the recording Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission..

No additional detail provided

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3.
APPROVAL OF AGENDA:

Chairperson

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:

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4.1. Minutes of Planning Commisison - September 10, 2019

No additional detail provided

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5.
OLD BUSINESS:

No additional detail provided

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6.
NEW BUSINESS:

7. PUBLIC HEARINGS: 7.1 Development Review and Minor Conditional Use Permit No. PL2018-157 Under the authority of DBMC Sections 22.48 and 22.56, the applicant and property owners are requesting Development Review approval to construct an addition consisting of 4,367 square feet of living area, 349 square-foot garage addition, 4,446 square feet of deck/patio area, and 817 square feet of storage/mechanical area to an existing 4,120 square-foot single-family residence on a 49,891 gross square-foot (1.15 gross acre) lot. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming structure with a 21 -2 front setback (where 30 feet is required). The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 1607 Derringer Ln. Diamond Bar, CA 91765 PROPERTY OWNER: Amit and Sandeep Kaushal 1607 Derringer Ln. Diamond Bar, CA 91765 APPLICANT: Shiv Talwar, Design Concepts 3340 Riverside Dr. M Chino, CA 91710

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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 (additions to existing structures) of the CEQA Guidelines. No further environmental review is required.

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RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review and Minor Conditional Use Permit No. PL2018-157, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution.

7.2 Development Review No. PL2016-195 Under the authority of DBMC

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Section 22.48, the applicant and property owners are requesting Development Review approval to demolish an existing 3,820 square-foot residence and construct a 15,011 square-foot single-family residence with 2,915 square feet of garage area, 3,599 square feet of patio/gazebo area, and 3,491 square feet of interior and exterior storage areas on a 1.84 gross acre (80,146 gross square-foot) lot. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential.

PROJECT ADDRESS: 24030 Shotgun Ln. Diamond Bar, CA 91765

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PROPERTY OWNER: Andrew Oei and Semiwati Tan 933 Summitridge Dr. Diamond Bar, CA 91765

No additional detail provided

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SEPTEMBER 24, 2019 PAGE 3 PLANNING COMMISSION

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APPLICANT: Pete Volbeda 164 N. 2nd St. Suite 100 Upland, CA 91786

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 15303 (a) (new construction of a single-family residence) of the CEQA Guidelines. No further environmental review is required.

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RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. PL2016-195, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution.

No additional detail provided

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7.3 Conditional Use Permit No. PL 2017-139 - Under the authority of DBMC Section 22.58, the property owner and applicant are requesting a Conditional Use Permit to increase the medical office uses from 11,634 square feet to 16,906 square feet located within a 35,687 square-foot professional office building; construct three tiered 6-foot high retaining walls and add 19 new parking spaces. The subject property is zoned Professional Office (OP) with an underlying General Plan land use designation of Commercial Office (CO).

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PROJECT ADDRESS: 750 N. Diamond Bar Blvd. Diamond Bar, CA 91765

PROPERTY OWNER: Johnney Y. Zhang, Zhang Group 750 N. Diamond Bar Blvd. Suite 188, Diamond Bar, CA 91765

No additional detail provided

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APPLICANT: Howard Zelefsky 9735 La Capilla Ave. Fountain Valley, CA 92708

RECOMMENDATION: Staff recommends that the Planning Commission continue Conditional Use Permit No. PL2017-139 to October 30, 2019.

No additional detail provided

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8.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:

No additional detail provided

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9.
STAFF COMMENTS / INFORMATIONAL ITEMS:

9.1. Project Status Report

10.
SCHEDULE OF FUTURE EVENTS:

No additional detail provided

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11.
ADJOURNMENT:

GENERAL PLAN JOINT STUDY SESSION CITY COUNCIL/PLANNING COMMISSION: PARKS AND RECREATION COMMISSION MEETING: Thursday, September 26, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive CITY COUNCIL MEETING: Tuesday, October 1, 2019 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive GENERAL PLAN JOINT STUDY SESSION CITY COUNCIL/PLANNING COMMISSION: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Thursday, October 10, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive CITY COUNCIL MEETING: Tuesday, October 15, 2019 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive PLANNING COMMISSION MEETING: Tuesday, October 22, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive SPECIAL MEETING OF THE PLANNING COMMISSION: Wednesday, October 30, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive

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MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION

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CALL TO ORDER:

Chair/Barlas called the meeting to order at 6:30 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.

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PLEDGE OF ALLEGIANCE: Commissioner Mok led the Pledge of Allegiance.

1.
ROLL CALL: COMMISSIONERS: Jennifer Fred Mahlke, Ken Mok, William Rawlings, Vice-Chair Frank Farago and Chair Naila Barlas

Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima, Associate Planner; Natalie T. Espinoza, Associate Planner; and Stella Marquez, Administrative Coordinator.

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2.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None

3. APPROVAL OF AGENDA: As presented.

4.
CONSENT CALENDAR:

4.1 Minutes July 23, 2019: C/Rawlings moved, C/Mok seconded, to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Rawlings, VC/Farago, Chair/Barlas NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Mahlke ABSENT: COMMISSIONERS: None

5.
OLD BUSINESS: None

No additional detail provided

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6.
NEW BUSINESS: None

7. PUBLIC HEARING(S):

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7.1 Conditional Use Permit No. PL2019-59 - Under the authority of Diamond

Bar Municipal Code Section 22.58, the property owner and applicant 4.1 Packet Pg. 7 ______________________________________________________________________ requested a Conditional Use Permit to relocate an existing chess school to a 945 square foot space within Diamond Bar Town Center, an existing 39,965 square foot multi-tenant commercial center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of Commercial (C).
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PROJECT ADDRESS: 1155 S. Diamond Bar Boulevard, B Diamond Bar, CA 91765

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PROPERTY OWNER: Diamond Bar Town Center, LLC 6621 E. Pacific Coast Highway 270 Long Beach, CA 90803

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APPLICANT: Shijie Chen 1110 Cleghorn Drive B Diamond Bar, CA 91765

AP/Espinoza presented staff s report and recommended Planning Commission approval of Conditional Use Permit No. PL2019-59, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution.
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Chair/Barlas opened the public hearing.

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David Pai, Property Manager for the Diamond Bar Town Center, speaking

on behalf of the property owner and tenant, said he appreciated the Commission s hard work and stated that the chess academy provides a unique and valuable experience for the youth of this community. Mr. Chen, owner of the academy, is a chess champion and relatively young, and this is a great opportunity for the community to experience his ability. David said he would very much appreciate the Commission s approval for this school.
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Chair/Barlas closed the public hearing.

C/Mahlke moved, C/Rawlings seconded, to approve Conditional Use Permit
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No. PL2019-59, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution.

Motion carried by the following Roll Call vote: 4.1 Packet Pg. 8 ______________________________________________________________________

SEPTEMBER 10, 2019 PAGE 3 PLANNING COMMISSION ______________________________________________________________________

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AYES: COMMISSIONERS: Mahlke, Mok, Rawlings,

No additional detail provided

VC/Farago, Chair/Barlas

NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None

C/Mok stated that because he owns property within several hundred feet of the

property being discussed under public hearing item 7.2 he was recusing himself from this matter and he left the dais. 7.2 Development Review No. PL2017-213 Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owner requested Development Review approval to demolish an existing single family residence to construct a new 12,636 square foot single family residence with a 1,774 square foot garage and 4,790 square feet of storage/porch/patio areas on a 1.98 gross acre (86,249 gross square-foot) site. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. No protected trees are being removed as part of this project. PROJECT ADDRESS: 22307 Broken Twig Road Diamond Bar, CA 91765 PROPERTY OWNER: Jacqueline Hsu 22888 Canyon View Road Diamond Bar, CA 91765

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APPLICANT: Pete Volbeda 164 N. 2nd Avenue Upland, CA 91786

AP/Nakajima presented staff s report and recommended Planning Commission approval of Development Review No. PL2017-213, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution.
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C/Mahlke said that normally when the Commission sees projects in The

Country Estates it is an indicator that it has proceeded through the architectural committee for approval. However, staff s report indicates this project has not yet been approved by the committee and she asked if it was 4.1 Packet Pg. 9 ______________________________________________________________________ scheduled for review. AP/Nakajima explained that it is often submitted concurrently and perhaps the applicant can enlighten the Commission on the status.
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Chair/Barlas opened the public hearing.

Pete Volbeda, Architect, spoke about the project and explained that he runs process plan concurrently through the City and the HOA so that he can apply any changes to both sets of plans at the same time. He expects to hear from the HOA within the next two weeks.
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Chair/Barlas closed the public hearing.

VC/Farago moved, Chair/Barlas seconded, to approve Development Review No. PL2017-213, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Rawlings, VC/Farago, Chair/Barlas NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mok Commissioner Mok returned to the dais. 7.3 Development Review No. PL2019-55 Under the authority of DBMC Section 22.48, applicant Brian Huang and property owner Liu Chang Pei, requested Development Review approval to construct a 914 square foot, second story addition and a 116 square-foot patio, to an existing 1,272 square foot, single story residence on a 7,980 square foot lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: 332 N. Platina Drive Diamond bar, CA 91765 PROPERTY OWNER: Liu Chang Pei 48 Sweet Fields Buena Park, CA 90620 4.1 Packet Pg. 10 ______________________________________________________________________
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APPLICANT: Brian Huang 20472 Carrey Road Walnut, CA 91789

AP/Espinoza presented staff s report and recommended Planning
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Commission approval of Development Review No. PL2019-55, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution.

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C/Rawlings stated that in the spirit of full disclosure, one of the neighbors

met him out front to ask a couple of questions which started him thinking about whether there were any proposals to remove trees between the homes. AP/Espinoza stated that there was no proposal to remove any trees, only a proposal to re-landscape the front of the property.

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Chair/Barlas opened the public hearing.

Aiko, 340 N. Platina and neighbor to the property under consideration asked about the estimated construction timeline because when she asked the owner she was told two to three months which she did not believe was achievable. She has a tree in her front yard that may conflict with the second story on the construction site depending on which plan the Commission approved and wanted to confirm that she would not be asked to cut any of her trees. In addition, she feels the second story will be very close to the large window in her master bedroom and asked if the applicant might be allowed to change from Plan A to Plan B. Clark Menace, Decorah Road, said he did not appreciate this project because he felt it would clutter the neighborhood and result in other similar projects and the streets would be blocked and it would ruin his view. He is opposed to this project and felt that if the applicant wanted a bigger house he should sell his one story house and find a bigger house to buy.
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Anthony Quijano lives in the house directly behind the proposed project and

would not approve of this construction because it would block the view from his house and would depreciate the value of the property.

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Chair/Barlas closed the public hearing.

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C/Mahlke said that page 7 of 9 of staff s report states that the property owner

attempted to contact the neighbors to the north, south and east of the project to review the plans and obtain support. The neighbors to the north 4.1 Packet Pg. 11 ______________________________________________________________________ and east expressed their support for the project, but what was just stated by Mr. Quijano (property to the east) did not support the project.
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AP/Espinoza said she spoke with the property owner when she was writing

the staff report and was told by the property owners that they went to the properties to speak to their neighbors, and according to the property owner, they received verbal support from the neighbors. However, the property owners are not present to confirm. C/Mahlke noted for the record that the neighbors in the audience were shaking their heads vehemently indicating that was not true.
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C/Rawlings said he was personally concerned about a couple of things and

since the applicant is not present, he would hesitate to make a decision based on the information the Commission has at this point. He wondered about options for continuance of this matter to attempt to have all parties including the property owner present to respond. VC/Farago asked if staff could clarify the ordinance with respect to obstruction of views or a resident s rights to a view. AP/Espinoza stated that the property located to the east (rear of the project site) is located approximately 18 feet above the finished grade of the existing home on the project site. The existing house is 13 feet tall and with the proposed edition, the house will be 23 feet tall. When the applicant originally presented this project, they proposed the addition to be located on the east side which would have impacted the neighbor s complete view. So, staff directed the applicant to relocate the addition toward the north side to account for a slot view for the neighbor located to the east (rear of the project). While the design guidelines indicate that property owners can have slot views - they will not always be able to have panoramic views.
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C/Mahlke asked if it was true the Commission could not base a decision on

whether or not it would preserve a neighbor s view because there is no guarantee of that view as long as there is still some view available. CDD/Gubman stated that the view protection provisions in the Municipal Code and Design Guidelines acknowledge that views are an important attribute to residential properties in Diamond Bar, but it also expressly states that no resident is perpetually entitled to an unobstructed panoramic view and that there are going to be projects that will partially obstruct views. As AP/Espinoza indicated, staff worked with the applicant to redesign the structure to retain as much of the neighbor s view as can be done given the relative positioning of the lots and structures built upon them. 4.1 Packet Pg. 12 ______________________________________________________________________
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VC/Farrago said that it looks to him like there is a tree in front of the yellow

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box to the rear of the subject property that is approximately 23 feet high and is blocking the view of the neighbor to the east. Based on past projects, when there has been something of significance interfering with the view, the applicant has been asked to put a pole framing the addition so that Commissioners could visit the site to see what kind of impact the project might present. AP/Espinoza responded that story poles could be done.

C/Rawlings stated that at this point he would probably abstain because he is not comfortable with his knowledge about how this would impact the neighbors and having story poles would be very helpful. Chair/Barlas said it made sense to her as well and has been done for other projects.
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CDD/Gubman said that if the Commission needs that information to make

an informed decision and to consider the concerns expressed this evening, it is within the Commission s purview to continue the matter and direct the applicant to install story poles or actual field mockup to provide an opportunity for the Commission to see what the basic envelope of the building addition would be.

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C/Mok said that theoretically, the Commission could request the property

owner and applicant to put up some story poles to allow the Commission to see how the outline of the addition would affect the view. Suppose the applicant and property owner refused to do so because they did not want to pay the cost and if that were to occur, how long would it delay the project?

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CDD/Gubman said it would delay the project at least until October 22, about

six weeks from now. The Commission has a full agenda coming up and it will take time for the applicant/property owner to make arrangements to have the story poles installed. The public hearing can be continued to October 22nd or to a date uncertain and send out new meeting notices accordingly. Staff s recommendation would be that if the Commission wished to continue the matter with the instruction to the applicant that the Commission would like to see the story poles, that this matter be continued to October 22nd and with continuance to that date, the item would not need to be re-advertised because the item will be placed on the October 22nd agenda.
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Chair/Barlas reopened the public hearing.

4.1 Packet Pg. 13 ______________________________________________________________________ VC/Farrago moved, C/Mok seconded, to continue the public hearing for Development Review No. PL2019-55 to October 22, 2019, and request the applicant to install story poles. Motion carried by the following Roll Call vote:
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AYES: COMMISSIONERS: Mahlke, Mok, Rawlings,

No additional detail provided

VC/Farago, Chair/Barlas

NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None

AP/Espinoza explained to the Commission that the only window on the

proposed 2nd story at 340 N. Platina facing the project is a bathroom window. C/Mahlke affirmed that the only plan under consideration by the Commission for this item is the addition on the north side which means there is a lesser view impact for the neighbors behind the project and less potential window conflict all around. AP/Espinoza stated that C/Mahlke was correct.

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8.
PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None

No additional detail provided

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9.
STAFF COMMENTS/INFORMATIONAL ITEMS:

9.1 Project Status Report.

CDD/Gubman reported that the Commission will now make up for having

the entire month of August off beginning with the next meeting on September 24th during which there will be three public hearing items on the agenda, including two residential projects (a new single family residence in The Country and an addition in The Country) and a Conditional Use Permit for an existing office building on North Diamond Bar Boulevard a couple of doors south of Oak Tree Lanes and the auto center. The applicant is proposing to enlarge their parking lot by cutting into the back slope to accommodate more medical office tenants in the building. The September 24th meeting will be adjourned to September 25th for the first of two scheduled joint City Council/Planning Commission Study Sessions to introduce the General Plan document the City has been working on for the past three years. The hope is to get everyone introduced to the documents and provide as detailed an overview as possible and give the public an opportunity to weigh in early in the process. There will be a public review period that lasts for 45 days likely commencing at the end of this week and staff wants to provide these study sessions so that when the Public 4.1 Packet Pg. 14 ______________________________________________________________________ Hearings begin with the Planning Commission (November), Commissioners will be prepared to move forward with informed recommendations. In October, the Planning Commission will meet on the 22nd and again on October 30th for a Special Meeting to consider the proposed hotel-anchored project at the former Brea Canyon Boat and Storage property.

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10.
SCHEDULE OF FUTURE EVENTS:

As listed in the agenda.

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ADJOURNMENT: With no further business before the Planning Commission, Chair/Barlas adjourned the regular meeting at 7:18 p.m.

The foregoing minutes are hereby approved this 24th day of September, 2019. Attest: Respectfully Submitted,

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__________________________________ Greg Gubman Community Development Director

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_______________________________ Naila Barlas, Chairperson

4.1 Packet Pg. 15

PLANNING COMMISSION AGENDA REPORT

AGENDA ITEM NUMBER: 7.1
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MEETING DATE: September 24, 2019

CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL2018-157

PROJECT LOCATION: 1607 Derringer Ln. Diamond Bar, CA 91765 (APN 8713-003-011) GENERAL PLAN DESIGNATION: Rural Residential (RR) ZONING DISTRICT: Rural Residential (RR) PROPERTY OWNER: Amit and Sandeep Kaushal 1607 Derringer Ln. Diamond Bar, CA 91765 APPLICANT: Shiv Talwar Design Concepts 3340 Riverside Dr. M Chino, CA 91710 SUMMARY: The applicant is requesting approval of a Development Review (DR) application to construct an addition consisting of 4,367 square feet of living area, 349 square feet of garage area, 4,446 square feet of patio/deck area, and 817 square feet of storage/mechanical room area to an existing 4,120 square-foot single-family residence with an 827 square-foot attached garage. The subject property is 1.15 gross acres area. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming structure with a 21-foot, 2-inch front setback (where 30 feet is required). RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review and Minor Conditional Use Permit No. PL2018-157, based on the findings of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, subject to conditions.

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CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 TEL. (909) 839-7030 FAX (909) 861-3117

7.1

Packet Pg. 16

No additional detail provided

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 2 of 11

BACKGROUND: The project site is located in the Diamond Bar Country Estates (The Country), on the west side of Derringer Lane, south of Shotgun Lane. The property was developed in 1979 under Los Angeles County standards with a 4,120 square-foot, single-family residence and 827 square-foot garage on a 1.15 gross acre (49,891 gross square-foot) lot. There are no protected trees on the property. The proposed project is currently being reviewed by the Diamond Bar Country Estates Architectural Committee. The property is legally described as Lot 11 of Tract No. 24046, and the Assessor s Parcel Number (APN) is 8713-003-011. Site and Surrounding General Plan, Zoning and Land Uses The image below highlights the subject property: Project Location N 7.1 Packet Pg. 17

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Development Review and Minor Conditional Use Permit No. PL2018-157 Page 3 of 11

Project Site Adjacent Property to South Adjacent Property to North 7.1 Packet Pg. 18

Tagged Passions:development, Development, and property

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 4 of 11

The following table summarizes the land use status of the subject property and its surroundings:

Tagged Passions:development, Development, and property

General Plan Designation Zoning District

Land Use Site Rural Residential RR Single-Family Residential North Rural Residential RR Single-Family Residential South Rural Residential RR Single-Family Residential East Rural Residential RR Single-Family Residential West Low Medium Density Residential RLM Single-Family Residential Project Description Site Plan
Tagged Passions:rural and zoning

As stated, the property s gross lot area is 49,891 square feet (1.15 gross acres), which includes a 30-foot wide private street easement for Derringer Lane along its frontage. The property is a rectangular shaped lot and the property s net buildable area (i.e., minus the private street easement) is 45,633 square feet (1.05 acres).

The existing house is situated toward the front of the lot, approximately 21 feet from the edge of the private street easement line. An existing three-car garage faces the front of the property. The applicant is proposing to expand the garage by adding two tandem parking spaces and a workshop. There is an existing driveway that leads to the existing garage. The proposed project also includes a circular driveway at the front of the property. The proposed project includes rear yard improvements, including a swimming pool, spa, covered patio and partial basketball court. Grading Plan The existing house is located on a steep descending slope that begins at the private street easement. There is an existing 12-foot high retaining wall located below the garage, that supports the existing building pad. The applicant is proposing to cut 17 cubic yards of soil toward the east side of the property and fill 6,018 cubic yards of soil toward the rear of the property to expand the existing building pad. The proposed earthwork requires 6,000 cubic yards of fill to be imported to the site. Standard dump truck capacities range from 10 to 15 cubic yards, so the proposed amount of import would require 400 to 600 total truck trips. 7.1 Packet Pg. 19
Tagged Passions:legal, streets, zoning, transportation, property, grading, easement, parking, and court

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 5 of 11

The applicant is proposing five 4-foot high retaining walls located at the rear of the property to support a fill above the natural grade to create the building pads for the rear yard improvements. All exposed portions of retaining walls will be stuccoed to match the house. Architecture The applicant is proposing to change the architectural style to a contemporary Mediterranean design, including features such as a low-pitched hipped roof style with concrete s-tiles, decorative brackets that support wide overhanging eaves, decorative arched windows on the first floor and rectangular windows on the second floor, wrought iron railings throughout the house, and balustrade railings at the rear of the house. The entryway includes an arch above the transom window above the entry door. Earth-tone shades for the exterior finish are used to soften the building s visual impact and assist in preserving the hillside s aesthetic value. Proposed Front Elevation 7.1 Packet Pg. 20

Tagged Passions:development, Development, and property

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 6 of 11

The floor area distribution is summarized below: The existing house is a two-level house. The applicant is proposing to remodel the entire house and add to the front and rear of the house. The proposed remodel and addition are comprised of the following components: First/street level: Common areas (foyer, great room, dining room, seating room, kitchen with nook, and prep kitchen), work/study room, bedroom with a walk-in closet and bathroom, powder room, five-car garage with a workshop, and decks.

Tagged Passions:streets, development, and Development

Above garage/upper level: Studio with a closet, bathroom, and balcony.

No additional detail provided

Lower level: Master bedroom suite with a retreat, study/office, walk-in closet, and master bathroom; guest suite with a bathroom and walk-in closet; three bedrooms, each with two closets and a bathroom; media room; laundry room; linen closet; and deck.

Basement level: Maid s room with a bathroom and closet; recreation room; bowling alley; and bathroom.
Tagged Passions:streets and recreation

An elevator that accesses the first floor, lower, and basement levels.

The height of the building is 35 feet, measured from the finished grade to the highest point of the roofline. Living Area Existing 4,120

Proposed Addition 4,367

No additional detail provided

Total Living Area 8,487

Garage Existing 827 Proposed 349

Total Garage Area 1,176

TOTAL FLOOR AREA 9,663

Non-Habitable Areas

Proposed Decks/Balconies 4,446

Proposed Storage/Equipment Areas 817

Tagged Passions:equipment

Total Non-Habitable Areas 5,263

PROJECT SUMMARY (square footage)

7.1 Packet Pg. 21

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 7 of 11

Landscape Plan The applicant is proposing a variety of trees to be planted throughout the property, including: 24-inch box olive and golden rain trees at the front of the property, and various 15-gallon Aleppo pines and 24- and 36-inch box olive trees throughout the sides and rear of the property. Additionally, various 5-gallon and 1-gallon shrubs that have a variety of color, texture, and form are proposed throughout the street side and rear yard slopes. Overall, landscaping consists of drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf. The project is required to comply with the City s Water Efficient Landscaping Ordinance, and compliance will be verified during building plan check and final inspections. The subject property is located within the Los Angeles County Fire Department High Fire Hazard Severity Zone. Therefore, the proposed landscaping must comply with the Fire Department s Fuel Modification Plan requirements. The landscape plans will be submitted for review and approval by the Fire Department during building plan check. ANALYSIS Review Authority 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 staff s recommendation to approve the DR and MCUP applications. Development Review (DBMC Section 22.48) Additions which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City s General Plan policies 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 Standards: The following table compares the proposed project with the City s development standards for residential development in the RR zone: 7.1 Packet Pg. 22

Tagged Passions:planning, ordinance, boards and commissions, streets, utility, development, Utility, fire departments and districts, water, plant, Development, property, buildings and grounds, and compliance

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 8 of 11

Development Feature Residential Development Standards Existing Proposed Meets Requirements Front Setback 30 feet 21 -2 21 -2 No*

Tagged Passions:development and Development

Side Setbacks 10 feet on one side and 15 feet on the other side

No additional detail provided

22
-9 north side 22 -7 south side

No additional detail provided

22
-9 north side 16 feet south side

Yes Distance to Structures on Adjoining Lots

25
feet 37 -1 north side

No additional detail provided

47
feet south side 37 -1 north side

40
-10 south side Yes

Rear Setback 25 feet 0 feet 59 -5 Yes Lot Coverage Maximum of 30 6.7 15 Yes Building Height Limit

35
feet 23 feet 35 feet Yes

Parking 2-car garage 3-car garage 5-car garage Yes Minor Conditional Use Permit 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 front setback of 30 feet from the house to the private street easement. The existing residence has a nonconforming front setback of 21 feet, 2 inches to the private street easement. The proposed addition is located at the front, rear and side of the house and does not further encroach into the front setback. The City recognizes that homeowners should be allowed to make appropriate improvements to their properties, and reasonable accommodations should be made to permit additions and alterations to nonconforming structures. The MCUP process is the tool used to consider such accommodations, subject to the findings set forth in the Development Code. MCUPs are normally subject to approval of the City s Hearing Officer (typically the Community Development Director). However, because this MCUP is being reviewed as part of a DR application, both land use entitlements are subject to review and approval of the Planning Commission.

Tagged Passions:planning, recognition, expansion, boards and commissions, streets, development, Development, hearing, easement, parking, and community development

Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations:

No additional detail provided

Tagged Passions:neighborhood

*Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure because the addition is greater than 50 percent of the existing home. See MCUP discussion below.

7.1 Packet Pg. 23

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 9 of 11

The existing dwelling was built in 1979, prior to the incorporation of the City of Diamond Bar; The proposed addition complies with the required rear and side setbacks and distances to the adjacent properties, and does not further encroach into the existing nonconforming 21-foot, 2-inch front setback; and Neighboring properties have nonconforming front setbacks, so the proposed project will remain consistent with other homes within the neighborhood.

Tagged Passions:development, Development, and neighborhood

Compliance with Hillside Management Ordinance (DBMC Section 22.22)

The proposed project was reviewed for compliance with the City s Hillside Management Design Guidelines and regulations. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code, and incorporates the following features: All proposed retaining walls associated with the building pads are at a maximum exposed height of four feet; The project is terraced on split-level pads. From the street view, the building is a two-story structure, but the rear of the building is four levels (including the basement level); and Earth-tone building materials and color schemes are used that blend in with the natural landscape. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. Compatibility with Neighborhood The project is located between a two-story home to the north and a three-story home to the south. The proposed addition will not be intrusive to neighboring homes since the proposed addition will not block existing views from adjacent properties. The adjacent homes to the north and south have views to the west and the house across the street to the east has views to the east. Although the applicant is adding 4,367 square feet of living space and 349 square-foot garage addition, the house will be similar in mass and scale compared to other existing homes on similar lots in The Country. The architecture in The Country is eclectic and includes a variety of architectural designs. The scale and proportions of the addition are well balanced and appropriate for the site. In sum, the proposed project fits the character of the neighborhood on which it is proposed. 7.1 Packet Pg. 24

Tagged Passions:regulation, ordinance, streets, development, materials, Development, buildings and grounds, compliance, and neighborhood

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 10 of 11

No additional detail provided

Tagged Passions:development and Development

A
gradual transition between the addition and existing residence is achieved through appropriate setbacks, building height and window and door placement;

Placement and relationship of windows, doors, and other window openings are carefully integrated with the building s overall design; Elevations are treated with detailed architectural elements; Proper screening for ground and roof-mounted equipment is architecturally compatible with the dwelling in terms of materials, color, shape, and size and blends in with the proposed building design; and The exterior finish materials and colors blend with the natural environment. 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.

Tagged Passions:equipment, materials, Conservation, environment, Public Works, and public works

NOTICE OF PUBLIC HEARING:

On September 11, 2019, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On September 13, 2019, 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. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA 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: 7.1 Packet Pg. 25
Tagged Passions:sites, environment, property, hearing, and compliance

Development Review and Minor Conditional Use Permit No. PL2018-157 Page 11 of 11

REVIEWED BY: Attachments:

Tagged Passions:development and Development

A.
Draft Resolution No. 2019-XX and Standard Conditions of Approval B. Site Plan, Floor Plan, Elevations, Roof Plan, Conceptual Landscape Plans, and

Conceptual Grading Plans C. Color Front Elevation and Color and Materials Board 7.1 Packet Pg. 26

Tagged Passions:materials, buildings and grounds, and grading

PLANNING COMMISSION RESOLUTION NO. 2019-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2018-157 TO CONSTRUCT AN ADDITION CONSISTING OF 4,367 SQUARE FEET OF LIVING AREA, 349 SQUARE FEET OF GARAGE AREA, 4,446 SQUARE FEET OF PATIO/DECK AREA, AND 812 SQUARE FEET OF STORAGE/MECHANICAL ROOM AREA TO AN EXISTING 4,120 SQUARE-FOOT RESIDENCE WITH AN ATTACHED 827 SQUARE-FOOT GARAGE ON A 1.15 GROSS ACRE (49,891 GROSS SQUARE-FOOT) LOT AT 1607 DERRINGER LANE, DIAMOND BAR, CA 91765 (APN 8713-003-011). A MINOR CONDITIONAL USE PERMIT IS ALSO REQUESTED TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING STRUCTURE WITH A 21-FOOT, 2-INCH FRONT SETBACK (WHERE 30 FEET IS REQUIRED).

Tagged Passions:planning, boards and commissions, development, and Development

A.
RECITALS

No additional detail provided

1.
The property owners, Amit and Sandeep Kaushal, and applicant, Shiv Talwar, Design Concepts, have filed an application for Development Review and Minor Conditional Use Permit No. PL2018-157 located at 1607 Derringer Lane, Diamond Bar, CA, County of Los Angeles, California.

Tagged Passions:development, Development, and property

2.
The following approvals are requested from the Planning Commission:

(a) Development Review to construct an addition consisting of 4,367 square feet of living area, 349 square feet of garage area, 4,446 square feet of patio/deck area, and 812 square feet of storage/mechanical room area to an existing 4,120 square-foot single-family residence.
Tagged Passions:planning, boards and commissions, development, and Development

(b) Minor Conditional Use Permit to allow an addition over 50 percent of the existing square-footage to a nonconforming structure with a preexisting nonconforming 21-foot, 2-inch front setback (where 30 feet is required).

Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the Proposed Project.

No additional detail provided

Tagged Passions:development and Development

3.
The subject property is made up of one parcel totaling 49,891 gross square feet (1.15 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential.

Tagged Passions:rural and property

4.
The legal description of the subject property is Lot 11 of Tract No. 24046. The Assessor s Parcel Number is 8713-003-011.

Tagged Passions:legal and property

5.
On September 11, 2019, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On September 13, 2019, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers; and public notices were posted at

7.1.a Packet Pg. 27

Tagged Passions:property and hearing

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the City s designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board.
Tagged Passions:sites

6.
On September 24, 2019, 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.

No additional detail provided

Tagged Passions:planning, boards and commissions, and hearing

B.
RESOLUTION

NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:

Tagged Passions:planning and boards and commissions

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

Tagged Passions:planning and boards and commissions

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.

Tagged Passions:planning, boards and commissions, and environment

C.
FINDINGS OF FACT

No additional detail provided

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).

Tagged Passions:planning, boards and commissions, streets, development, and Development

The design and layout of the proposed addition consisting of 4,367 square feet of living area, 349 square feet of garage area, 4,446 square feet of patio/deck area, and 817 square feet of storage/mechanical room area to the front, side and rear of an existing single-family residence is consistent with the City s General Plan, City Design Guidelines and Development Code standards. The mass and scale of the addition are proportionate to the existing house and surrounding properties.

The proposed fa ade remodel incorporates contemporary Mediterranean architectural elements such as a low-pitched hipped roof with concrete s-tiles, decorative brackets that support wide overhanging eaves, decorative arched windows on the first floor and rectangular windows on the second floor, wrought iron railings throughout the house, and balustrade railings at the rear of the house, and appropriate massing and proportion to meet the intent of the City s Design Guidelines. 7.1.a Packet Pg. 28
Tagged Passions:development and Development

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PC Resolution No. 2019-XX

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. 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.
Tagged Passions:streets, development, Development, Pedestrian, and traffic

3.
The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, 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 project is located between a two-story home to the north and a three-level home to the south. The proposed addition will not be intrusive to neighboring homes since the proposed addition will not block existing views from adjacent properties because the adjacent homes to the north and south have views to the west and the house across the street to the east has views to the east. The house will be similar in mass and scale compared to other existing homes on similar lots in The Country. The proposed design will be modified to a contemporary Mediterranean style of architecture. The architecture in The Country is eclectic, and includes a variety of architectural designs. The scale and proportions of the addition are well balanced and appropriate for the site. 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 applicant is proposing to change the architectural style to a contemporary Mediterranean design, including features such as a low-pitched hipped roof with concrete s-tiles, decorative arched windows on the first floor and rectangular windows on the second floor, wrought iron railings throughout the home, and balustrade railings at the rear of the home. The entryway includes an arch above the transom windows and door. Earth-tone shades for the exterior finish are used to soften the building s visual impact and assist in preserving the hillside s aesthetic value. Also, landscaping is integrated into the site to complement the massing of the house and blend in with neighboring homes and the natural environment of the site in order to maintain a desirable environment. The scale and proportions of the addition are well balanced and appropriate for the site. 7.1.a Packet Pg. 29
Tagged Passions:streets, development, materials, Conservation, environment, Development, and neighborhood

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PC Resolution No. 2019-XX

No additional detail provided

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.
Tagged Passions:health, development, Development, Public Works, public works, and property

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.
Tagged Passions:environment and compliance

Minor Conditional Use Permit Findings (DBMC Section 22.56.040)

No additional detail provided

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.

The existing single-family dwelling is a permitted use in the RR zone. A Minor Conditional Use Permit (MCUP) is requested to allow an addition over 50 percent of the existing square-footage to a nonconforming structure with a preexisting nonconforming front setback of 21 feet, 2 inches (where 30 feet is required). The preexisting substandard front setback renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit because the addition is greater than 50 percent of the existing home. The proposed addition consisting of 4,367 square feet of living area, 349 square-foot garage addition, 4,446 square feet of deck/patio area, and 817 square feet of storage/mechanical room area complies with the development standards of the RR zone and will not further encroach into the nonconforming front setback.
Tagged Passions:development, zoning, and Development

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 addition consisting of 4,367 square feet of living area, 349 square-foot garage addition, 4,446 square feet of deck/patio area, and 817 square feet of storage/mechanical room area will not 7.1.a Packet Pg. 30

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PC Resolution No. 2019-XX

further encroach into the existing nonconforming 21-foot, 2-inch front setback. The proposed addition is located at the front, side, and rear of the house. The fa ade remodel of the existing single-family dwelling and the proposed addition are compatible with the character of the existing homes in the neighborhood because the architecture in The Country is eclectic and includes a variety of architectural designs. Therefore, the addition will not negatively impact the look and character of the neighborhood.
Tagged Passions:neighborhood

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. The proposed addition is consistent with the development standards for the RR zone and will not further encroach into the existing nonconforming front setback.
Tagged Passions:utility, development, Utility, and Development

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.
Tagged Passions:grant, health, expansion, zoning, property, and neighborhood

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: 1. Incompatible with other structures in the neighborhood. The proposed four-level addition of floor area is consistent with the development standards for the RR zone. The proposed addition consisting 4,367 square feet of living area, 349 square-foot garage addition, 4,446 square feet of deck/patio area, and 817 square feet of storage/mechanical room area will comply with current development standards and not further encroach into the existing nonconforming front setback. The proposed project is located at the front, side, and rear of the existing home. The existing and proposed land use is consistent with the 7.1.a Packet Pg. 31
Tagged Passions:development, environment, Development, compliance, and neighborhood

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PC Resolution No. 2019-XX

surrounding land uses and structures in the neighborhood. Additionally, the neighboring properties also have nonconforming front 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 this Development Code.
Tagged Passions:regulation, development, Development, compliance, and neighborhood

The existing and proposed land use is consistent with the surrounding land uses with similar front setbacks. The proposed addition of floor area is consistent with the development standards for the RR zone and will not encroach into the existing nonconforming front setback.

No additional detail provided

Tagged Passions:development and Development

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.

Tagged Passions:health, Public Works, public works, property, and neighborhood

Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions:

No additional detail provided

Tagged Passions:planning and boards and commissions

1.
Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing.

No additional detail provided

Tagged Passions:planning, boards and commissions, development, Development, and hearing

2.
Prior to building permit issuance, the required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department s Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The final landscape and fuel modification plans shall be submitted to the Los Angeles Fire Department for review and approval.

7.1.a Packet Pg. 32

Tagged Passions:fire departments and districts, plant, buildings and grounds, and selection

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No additional detail provided

3.
Prior to building permit issuance, a Certification of Design, together with landscape and irrigation plans prepared by a licensed landscape architect, shall be submitted to the Planning Division for review and approval by the City s Consulting Landscape Architect. Landscape and irrigation plans shall comply with the updated Water Efficient Landscaping Ordinance.

No additional detail provided

Tagged Passions:planning, ordinance, utility, Utility, services, water, buildings and grounds, and license

2.
Standard Conditions. The applicant shall comply with the standard development conditions attached hereto.

The Planning Commission shall:

Tagged Passions:planning, boards and commissions, development, and Development

a.
Certify to the adoption of this Resolution; and

No additional detail provided

b.
Forthwith transmit a certified copy of this Resolution, by certified mail to the property owners, Amit and Sandeep Kaushal, 1607 Derringer Lane, Diamond Bar, CA 91765, and applicant, Shiv Talwar, Design Concepts, 3340 Riverside Dr. M, Chino, CA 91710.

No additional detail provided

Tagged Passions:property

APPROVED AND ADOPTED THIS 24TH DAY OF SEPTEMBER 2019, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.

No additional detail provided

Tagged Passions:planning and boards and commissions

By: ______________________________________ Naila Barlas, Chairperson

I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24th day of September, 2019, by the following vote:

AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 33

Tagged Passions:planning and boards and commissions

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PC Resolution No. 2019-XX

COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT : Development Review and Minor Conditional Use Permit No. PL 2018-157
Tagged Passions:development, Development, commercial, and community development

SUBJECT: To construct an addition consisting of 4,367 square feet of living area,

349 square-foot garage addition, 4,446 square feet of deck/patio area, and 817 square feet of storage/mechanical room area. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming structure with a 21-foot, 2-inch front setback (where 30 feet is required).

PROPERTY Amit and Sandeep Kaushal OWNER: 1607 Derringer Lane Diamond Bar, CA 91765

No additional detail provided

Tagged Passions:property

APPLICANT: Shiv Talwar Design Concepts 3340 Riverside Dr. M Chino, CA 91710

LOCATION: 1607 Derringer Ln., Diamond Bar, CA 91765

ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.

I.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR

COMPLIANCE WITH THE FOLLOWING CONDITIONS:

Tagged Passions:planning and compliance

A.
GENERAL REQUIREMENTS

No additional detail provided

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. PL2018-157 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:

7.1.a Packet Pg. 34

Tagged Passions:development, events, and Development

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PC Resolution No. 2019-XX

(a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof.
Tagged Passions:legal

2.
This approval shall not be effective for any purpose until the applicant and

No additional detail provided

owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review and Minor Conditional Use Permit No. PL2018-157, 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.

Tagged Passions:development, Development, property, education, and community development

3.
All designers, architects, engineers, and contractors associated with this

No additional detail provided

project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar.

Tagged Passions:business, zoning, license, and business license

4.
Signed copies of Planning Commission Resolution No. 2019-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.

Tagged Passions:planning, construction, boards and commissions, environment, license, and grading

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.

No additional detail provided

Tagged Passions:planning

6.
Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed.

No additional detail provided

Tagged Passions:business

7.
The project site shall be maintained and operated in full compliance with the

Tagged Passions:compliance

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.
Tagged Passions:regulation, ordinance, development, Development, and compliance

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.

Tagged Passions:trees, buildings and grounds, encroachment, and grading

10.
The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or

7.1.a Packet Pg. 35
Tagged Passions:construction and equipment

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PC Resolution No. 2019-XX

demolition work are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on Sundays or holidays.
Tagged Passions:demolition and holiday

11.
The property owner/applicant shall remove the public hearing notice board

within three days of this project's approval.
Tagged Passions:property and hearing

12.
The applicant shall comply with the requirements of City Planning, Building

and Safety Divisions, Public Works Department, and the Fire Department.
Tagged Passions:planning, fire departments and districts, Public Works, and public works

13.
Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law.

No additional detail provided

Tagged Passions:legal, rental, and property

B.
FEES/DEPOSITS

No additional detail provided

1.
Applicant shall pay development fees (including but not limited to Planning,

Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first.

Tagged Passions:planning, development, Development, Public Works, public works, education, grading, and rates

2.
Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits.

No additional detail provided

C.
TIME LIMITS

No additional detail provided

1.
The approval of Development Review and Minor Conditional Use Permit

Tagged Passions:development and Development

No. PL2018-157 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.

No additional detail provided

Tagged Passions:planning and boards and commissions

D.
SITE DEVELOPMENT

No additional detail provided

Tagged Passions:development and Development

1.
This approval is to construct an addition consisting of 4,367 square feet of

living area, 349 square feet of garage area, 4,446 square feet of patio/deck area, and 812 square feet of storage/mechanical room area at the front, side, and rear of an existing single-family residence located at 1607 Derringer 7.1.a Packet Pg. 36

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PC Resolution No. 2019-XX

No additional detail provided

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.

No additional detail provided

Tagged Passions:planning

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 and Minor Conditional Use Permit 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.

Tagged Passions:planning, construction, boards and commissions, development, Development, property, and compliance

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 Division and schedule an appointment for such an inspection.

Tagged Passions:planning, boards and commissions, appointments, and compliance

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.

Tagged Passions:development, Development, property, and compliance

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.

No additional detail provided

Tagged Passions:demolition, compliance, and jail

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.

Tagged Passions:planning, regulation, boards and commissions, development, Development, and buildings and grounds

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.

No additional detail provided

Tagged Passions:planning, utility, and Utility

8.
All roof-mounted equipment shall be screened from public view.

No additional detail provided

Tagged Passions:equipment

9.
All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly

7.1.a Packet Pg. 37

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PC Resolution No. 2019-XX

appearance. All graffiti shall be removed within 72 hours by the property owners/occupant.

Tagged Passions:property

10.
All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion.

No additional detail provided

Tagged Passions:construction

E.
SOLID WASTE

No additional detail provided

Tagged Passions:utility, solid waste, and Utility

1.
The site shall be maintained in a condition, which is free of debris both during

and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services.

Tagged Passions:construction, utility, industrial, solid waste, Utility, transportation, services, property, and commercial

2.
Mandatory solid waste disposal services shall be provided by the City

No additional detail provided

Tagged Passions:utility, solid waste, Utility, and services

franchised waste hauler to all parcels/lots or uses affected by approval of this project.

Tagged Passions:property

F.
FIRE PROTECTION STANDARDS

No additional detail provided

1.
Development shall be constructed to reduce the potential for spread of

brushfire.

Tagged Passions:development and Development

a.
In the case of a conflict, where more restrictive provisions are contained in the Uniform Building Code or in the fire code, the more restrictive provisions shall prevail.

Tagged Passions:building codes

b.
Roofs shall be covered with noncombustible materials as defined in

the building code. Open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames.

Tagged Passions:materials and building codes

c.
Exterior walls shall be surfaced with noncombustible or fire-resistant

materials.

Tagged Passions:materials

d.
Balconies, patio roofs, eaves and other similar overhangs shall be of

noncombustible construction or shall be protected by fire-resistant material in compliance with the building code. 2. All development shall be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the fire marshal. 7.1.a Packet Pg. 38

Tagged Passions:construction, utility, development, Utility, water, Development, compliance, and building codes

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PC Resolution No. 2019-XX

No additional detail provided

3.
A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable building and fire codes and a fire hazard analysis study developed by the fire marshal. In the event abatement is not performed, the council may instruct the fire marshal to give notice to the owner of the property upon which the condition exists to correct the prohibited condition. If the owner fails to correct the condition, the council may cause the abatement to be performed and make the expense of the correction a lien on the property upon which the conditions exist.

No additional detail provided

Tagged Passions:council, development, events, Development, abatement, property, and building codes

4.
Fuel modification areas shall incorporate soil erosion and sediment control

measures to alleviate permanent scarring and accelerated erosion.

5.
If the fire marshal determines in any specific case that difficult terrain, danger

of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, the fire marshal may suspend enforcement and require reasonable alternative measures designed to advance the purposes of this chapter.
Tagged Passions:compliance, clearance, and unusual

6.
Special construction features may be required in the design of structures

No additional detail provided

Tagged Passions:construction

where site investigations confirm potential geologic hazards.

II.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,

No additional detail provided

Tagged Passions:Public Works and public works

FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

No additional detail provided

Tagged Passions:compliance

A.
GENERAL

No additional detail provided

1.
An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP s) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed.

No additional detail provided

Tagged Passions:construction, utility, Utility, water, grading, and stormwater

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.

7.1.a Packet Pg. 39

Tagged Passions:construction, equipment, utility, Utility, transportation, materials, water, grading, and noise

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PC Resolution No. 2019-XX

No additional detail provided

B.
SOILS REPORT/GRADING/RETAINING WALLS

No additional detail provided

Tagged Passions:grading

1.
A geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. The geotechnical report may be submitted concurrently with the grading plan with the understanding that changes to the geotechnical report may trigger changes to the grading plan.

No additional detail provided

Tagged Passions:license and grading

2.
Grading and drainage plans prepared by a Civil Engineer, licensed by the

No additional detail provided

Tagged Passions:license, grading, and stormwater

State of California, prepared in accordance with the City s requirements shall be submitted by the applicant for approval by the City. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan.

Tagged Passions:Public Works, public works, and grading

3.
Finished slopes shall conform to City Code Section 22.22.080-Grading.

No additional detail provided

Tagged Passions:grading

4.
The grading plan shall show the location of any retaining walls and the

Tagged Passions:grading

elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval.

Tagged Passions:construction and grading

5.
All equipment staging areas shall be located on the project site. Staging

No additional detail provided

Tagged Passions:equipment

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