HomeMy WebLinkAbout07/27/2010PLANNING FILE COPY
GOMMISSMN
JULY 279 2010
7:00 P.M.
South Coast Air Quality Management District
Government Center Building --Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Tony Torng
Kathleen Nolan
Kwang Ho Lee
Steve Nelson
Jack Shah
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C'fv of []'a[UOOd []8F
pl3OO'Og C0DOD0'SS'OO
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CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, July 27, 2010
AGENDA
CALL TO ORDER: 7:00 P.M.
Next Resolution No. 2010-21
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Kathleen Nolan, Kwang Ho Lee, Steve Nelson, Jack Shah
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for t ' he general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
Speaker's Card for the recording Secretary (completion ..of this form is voluntary).
There is a fiveminutemaximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: June 22, 2010.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Development Review No. PL 2009-71 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant is requesting approval to construct
a 17,856 square -foot new single-family residence on a 36,428 net square foot
(0.84 gross acre), Low Medium Density Residential (RLM) zoned parcel with an
underlying General Plan Land Use designation of Low Density Residential (RL).
Project Address: 3131 Steeplechase Lane (APN: 8713-017-111)
JULY 27, 2010 PAGE 2 PLANNING COMMISSION AGENDA
Property Owner: Kimberly Ming Xu
18981 Bramhall Ln.
Rowland Heights, CA 91748
Applicant: An -Chi Lee, A.C. Lee & Architects
3740 Campus Dr., Suite B
Newport Beach, CA 92660
Environmental Determination: This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19
Section 15303(a) (new construction of one single-family residence) of the
CEQA Guidelines. No further environmental. review is required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. PL 2009-71 based on the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects:
10. SCHEDULE OF FUTURE EVENTS:
CITY COUNCIL MEETING:
*CONCERTS IN THE PARK:
Tuesday, August 3, 2010 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Wednesdays - July 7, 2010, through
August 18, 2010, 6:30 p.m. — 8:00 p.m.
Sycamore Canyon Park
22930 Golden Springs Drive
July 28, 2010 - "County Line"
(Contemporary Rock)
August 4, 2010 — "Cold Duck"
('70s Top 40)
JULY 27, 2010
PAGE 3 PLANNING COMMISSION AGENDA
*MOVIES UNDER THE STARS:
PLANNING COMMISSION
MEETING:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Immediately following Concerts in the
Park.
July 28, 2010 — "Imagine That"
August 4, 2010 — "Cloudy With A Chance
Of Meatballs"
Tuesday August 10, 2010 — 7:00 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, August 12, 2010 - 7:00 p.m.
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
Thursday, August 26, 2010 — 7:00 p.m.
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
1 '-'-'DRX"
7-
�2 lil, 4'
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JUNE 22, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Jack Shah, Vice
Chairman Kathy Nolan, and Chairman Tony Torng.
Absent: Commissioner Steve Nelson was excused.
Also present: Greg Gubman, Community Development Director; Grace Lee,
Senior Planner; Natalie Tobon, Planning Technician, and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: VC/Nolan asked to have Public Hearing
Item 7.2 under consideration ahead of 7.1 since she would have to recuse herself
and leave the dais.
VC/Nolan moved, C/Shah seconded, to amend the agenda to consider Public
Hearing Item 7.2 ahead of 7.1. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
4. CONSENT CALENDAR:
Lee, Shah, VC/Nolan, Chair/Torng
None
Nelson
4.1 Minutes of the Regular Meeting of May 25, 2010.
C/Shah moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of
May 25, 2010, as presented. Motion carried by the following Roll Call vote:
JUNE 22, 2010
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
DRAFT
Lee, Shah, VC/Nolan, Chair/Torng
None
Nelson
7.1 Conditional Use Permit No. PL 2010-181 — Underthe authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested to relocate a
music school presently operating under the business name "The Music
Store." The proposed music school will provide music lessons to children
and adults. The proposed hours of operation are from 12:00 noon to 9:00
p.m. Monday through Thursday; 12:00 noon to 8:00 p.m. on Friday; and,
10:00 a.m. to 6:00 p.m. on Saturday.
PROJECT ADDRESS
..9. . *�" I 10
785 Pinefalls Avenue
Diamond Bar, CA 91765
Sam Sakurai
787 Pinefalls Avenue -
Diamond Bar, CA 91789
APPLICANT: Gene Iacono
The Music Store
20875 Golden Springs Drive
Diamond Bar, CA 91789
PT/Tobon presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. PL 2010-181, based on the Findings
of Fact, subject to the conditions of approval as listed within the resolution.
VC/Nolan asked if there were other vacancies in the complex that were taken
into consideration when considering parking and PT/Tobon responded that
this was the only vacancy.
Chair/Torng questioned the number of parking spaces required. PT/Tobon
responded that 14 spaces are required for the music school.
JUNE 22, 2010 PAGE 3 PLANNING COMMISSION
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Gene Iacono, 785 Pinefalls Avenue, said he read staffs report and agreed
with the conditions of approval. Mr. Iacono said he has been in the
community for 31 years on Golden Springs Drive. His school has more than
10,000 alumni who are members of the community and have now started
bringing their children to his school. He developed the one-on-one teaching
business model and it has remained strong and is a feather in the City's cap.
It is the kind of scenario that is beneficial to the community. He thanked
PT/Tobon and all of the City's staff who worked very hard to accommodate
them after being evicted from his previous space to accommodate a pizza
parlor. The new location serves as more of a "campus feel" instead of retail
and he is pleased that it fits with his plan.
Timothy Neal, 217 LaSalle, Riverside, said he began taking lessons at The
Music Store in 1986 and was involved in voice education and guitar lessons.
He was also involved in a music workshop program that was very beneficial
and he believed it has benefited him in all aspects of his life and felt it would
likewise benefit others. He plans to bring his son from Riverside to The
Music Store once his son is old enough to take lessons.
Paul Broche, 1881 Hawkbrooke, San Dimas, said he met Mr. Iacono about
25 years ago when he was looking for help for his children. All three of his
children were musicians and he needed a good place for them to study and
he took them to The Music Store. All three of his children took lessons there
through the 80's and early 90's. His daughter now teaches elementary
school and her two children now attend The Music Store. This is a tradition
that Gene Iacono has worked hard to build that offers a culture of music
education that just cannot be matched.
Colin O'Neil, 1608 Morning Sun, has known the applicant for about nine
years and music is a very important part of his life as well. Music education
is very important — it improves reading and writing skills as well as benefits
other motor skills and he would like for the Commission to approve the
application.
Chair/Torng closed the public hearing.
JUNE 22, 2010
PLANNING COMMISSION
The applicant returned to the dais to respond to C/Shah's question about
what kind of music The Music Store offers. Mr. Iacono responded that the
store teaches vocal and instrumental, and has a faculty of 18 teachers.
There is no fixed age restriction because some very young students can
benefit from lessons early in life on some instruments. Some students are in
their 50s and 60s. Studies have shown that individuals who study music
have higher SAT scores.
VC/Nolan said that 18 years ago her daughter took acoustic guitar lessons
with the applicant and today she is a college educator and agrees that music
helps with academic studies.
VC/Nolan moved,. C/Lee seconded, to approve Conditional Use Permit
No. PL 2010-181, base on the Findings of Fact, subject to the conditions of
approval as listed within the Resolution. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Lee, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Nelson
7.1 DeveloDment Review and Minor Conditional Use Permit
No. PL 2010-108 — Under the authority of Diamond Bar Municipal Code
Section 22.48.040 and 22.56.040, the applicant, David Viera, is requesting
approval of a Development Review of an addition to the side of the house
and a Minor Conditional Use Permit to allow the continuation of an existing
13 foot, 4 inch rear setback (25 feet is required). The lot is zoned Low
Density Residential (RL) with a consistent underlying General Plan Land Use
designation of Low Density Residential (RL).
PROJECT ADDRESS:
24033 Highcrest Drive
Diamond Bar, CA 91765
Karen Camaj
24033 Highcrest Drive
Diamond Bar, CA 91765
RAFT
JUNE 22, 2010 PAGE 5 PLANNING COMMISSION
APPLICANT: David Viera
Viera Design & Construction
127 W. Badillo Street
Covina, CA 91723
VC/Nolan asked to be recused from deliberation on this matter. VC/Nolan
said that she is close friends with the property owner. V/C Nolan left the
meeting.
PT/Tobon presented staff's report and recommended Planning Commission
approval of Development Review and Minor Conditional Use Permit
No. PL 2010-108, based on the Findings of Fact, subject to the conditions of
approval as listed within the Resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
David Viera, 17 W. Badiilo Street, Covina, CA 91723, said he read staff's
report and concurred with the conditions of approval.
Chair/Torng closed the public hearing.
C/Lee moved, C/Shah seconded, to approve Development Review and Minor
Conditional Use Permit No. PL 2010-108, based on the Findings of Fact,
subject to the conditions of approval as listed within the Resolution. Motion
carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
Lee, Shah, Chair/Torng
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
C/Nelson, VC/Nolan
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah said he was unable to attend the Council's Site D deliberation.
Chair/Torng said he attended the Council's Site D deliberation and found it very
interesting. Indian tribal members attended the meeting and said Site D was their
holy land. The public hearing was continued to July 20, 2010.
E31 R." A
JUNE 22, 2010 PAGE 6 PLANNING COMMISSION
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman reported on his attendance at the International Conference of
Shopping Centers Annual Convention in Las Vegas during which he
attempted to assist in marketing some of the available retail space and in
particular, redevelopment of the Kmart property.
CDD/Gubman stated that the City Council began the public hearing process
for Site D last week and continued the public hearing to July 20. About 11 or
12 members of the public spoke to the project after which the City Council
provided staff with direction to return on July 20 with responses to comments
as well as, additional information. The Council expressed some opinions
and there is certainly no consensus among Council Members at this point.
One Council Member felt commercial was not viable; another Council
Member felt the opposite and the remaining Council Members appeared to
be open to alternatives. Should the City Council ultimately make a decision
that is substantially different from the Planning Commission's
recommendation, the item will be remanded back to the Planning
Commission for a new public hearing process. If this occurs it would not
likely happen before August 2010.
CDD/Gubman stated the City is officially in escrow for the purchase of the
new City Hall building and expects that escrow will close in August. The City
has also successfully completed its lease extension negotiations with AQMD
and through that process the City will continue the existing lease on a month-
to-month basis beginning in February until staff is ready to relocate. Upon
relocation, the City will continue to use the AQMD Auditorium, Hearing Board
room and Conference Rooms for City Council and Commission meetings.
Preliminary negotiations with the Los Angeles County Library are underway
and appear to be promising at this point. Staff has also released a RFP for
the architectural services. During the mandatory walkthrough of the building
two weeks ago, five of the firm's that were sent the RFP participated in the
walkthrough. The deadline for the responses is the end of next week.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
"RAFT
JUNE 22, 20110 PAGE 7 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:41 p.m.
The foregoing minutes are hereby approved this 22nd day of June, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR � 21825 COPLEY DRIVE � DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 � FAX (909) 861-3117
AGENDA ITEM NUMBER: 7.1
MEETING DATE: July 27, 2010
CASE/FILE NUMBER: Development Review No. PL 2009-71
PROJECT LOCATION: 3131 Steeplechase Lane
(APN 8713-017-111)
APPLICATION REQUEST: To construct a new 17,856 square-fobt single-
family residence and 214 square foot pool house
on a 36,428 gross square -foot (0.84 gross acres),
Low Medium Density Residential (RLM) zoned
parcel with an underlying General Plan Land Use
designation of Low Density Residential (RL).
PROPERTY OWNERS: Kimberly Ming Xu
18981 Bramhall Lane
Rowland Heights, CA 91748
APPLICANT: An -Chi Lee
A.C. Lee & Architects
3740 Campus Drive Suite B
Newport Beach, CA 92660
STAFF RECOMMENDATION: Approve Subject to conditions
�I • I 1011 ) 13
The site is located in the Diamond Bar Country Estates (Country Estates) and fronts
Steeplechase Lane, which is a fully improved private street. The property is a vacant lot
totaling 36,428 gross square feet. The site is legally described as Lot 2 of Tract 23382,
and the Assessor's Parcel Number (APN) is 8713-017-111.
On June 20, 1995, the City Council approved Tentative Parcel Map No. 23382 for the
subdivision of a 2.55 acre lot into four single-family residential lots. The lots were zoned
RLM (R-1-8,000) with an underlying General Plan designation of Low Density
Residential. On August 3, 1999, Tentative Parcel Map No. 23382 was reviewed by the
City Council for the approval of a. time extension, and on December 21, 1999, the City
Council approved a revised Tentative Parcel Map, which subdivided the 2.55 acre lot
into three single-family residential lots, instead of four lots. The Final Parcel Map was
recorded on January 11, 2000.
Site and Surrounding General Plan, Zoning and Uses
DR No. PL 2009-71 Page 2 of 9
ANALYSIS:
Review ar Municipal Code (DBMC) Section. 22.48)
Construction of a new single-family residence requires Planning Commission approval
of a Development Review (DR) application.
Approval of a DR 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.
Rmi2ct Description
The proposed new single-family residence consists of:
5,892 square -foot basement level including a dance ballroom, home theater,
master bedroom, game room, exercise room, and hobby room;
4,414 square -foot first floor including a four -car garage, library, living room, family
room, atrium, kitchen, and dining room-,
3,755 s . quare -foot second floor including a master bedroom, three bedrooms,
home office, and a sitting area-, and
214 square -foot pool house.
DR No. PL 2009-71 Page 3 of 9
The height of the building is 34 -feet, 10 -inches, measured from the finished grade to the
highest point of the roofline.
The applicant is required to submit the proposal to the Diamond Bar Country Estates
Homeowners Association for review and approval.
Development Review
The following table compares the proposed project with the City's development
standards for residential development in the RSM Zone:
Site and Grading Configuration: The site slopes downward, from the front of the lot
to the rear. The average slope of the site is 19.7%. The applicant indicates that the
proposed project will require 2,660 cubic yards of cut and 1,820 cubic yards of fill to
create a buildable pad towards the front 'of the lot, resulting in 840 cubic yards of
material to be exported from the site.
Elevations: The architectural style is an Italian Villa design with clay roof tile, copper
gutters and downspouts, decorative corbels, precast stone surrounds over the
archways, acid -wash smooth stucco with scored lines on exterior lower walls, accent
stone veneer on stair tower walls, precast stone balusters, and precast stone columns
and trim at the loggias. The applicant provided color samples which call for earth tone
colors for the exterior finish to soften the building's visual impact on the hillside.
DR No. PL 2009-71 Page 4 of 9
9- ggkq
0'. W�iE2
20'
25'
Yes
On
10'-0" on one side &
10' —west side
5A" on the other side.
24' -east side
Yes
l
A,N
15 '
Vacant lots on
Yes
both adjacent lots
"k,
OtbackgliR
20'
Yes
Maximuy. m um of 40%
20%
Yes
10
35'-0"
34'-10"
Yes
50% of front yard
69% of front
Yes
yard
..............
Yes
2 -car garage
4 -car garage
Site and Grading Configuration: The site slopes downward, from the front of the lot
to the rear. The average slope of the site is 19.7%. The applicant indicates that the
proposed project will require 2,660 cubic yards of cut and 1,820 cubic yards of fill to
create a buildable pad towards the front 'of the lot, resulting in 840 cubic yards of
material to be exported from the site.
Elevations: The architectural style is an Italian Villa design with clay roof tile, copper
gutters and downspouts, decorative corbels, precast stone surrounds over the
archways, acid -wash smooth stucco with scored lines on exterior lower walls, accent
stone veneer on stair tower walls, precast stone balusters, and precast stone columns
and trim at the loggias. The applicant provided color samples which call for earth tone
colors for the exterior finish to soften the building's visual impact on the hillside.
DR No. PL 2009-71 Page 4 of 9
Front Elevation
Southwest Elevation
Northwest Elevation
Page 5ofS
DR No. PL 2009-71
RJR
Southwest Elevation
Northwest Elevation
Page 5ofS
DR No. PL 2009-71
Rear Elevation
Landscaping: The alignment of the house and pool, along with the design treatments
of the fountains, stairways, and gardens, resemble traditional Italian Villa garden
designs. Sixty-nine percent of the front yard will be landscaped with trees, shrubs and
ground cover. All plant types will be drought tolerant and non-invasive species. The
project is required to comply with the new water -efficient landscape requirements, which
is noted on the preliminary landscape plans and will be verified during building plan
check.
There is one native oak tree located on the property. The native oak will be protected
with a chain link fence located 10 feet from the drip line of the tree to protect it from any -
construction activity, and these protective measures are included as a condition of
approval.
The applicant proposes to plant nine trees in the rear perimeter of the property, near the
existing V -ditch. Staff recommends a condition of approval to plant additional trees for
additional * screening between the project site and the multi -family residential
development located to the north of the project site.
The subject property is located within the Los Angeles County Fire Department "Very
High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply
with the Fire Department's Fuel Modification Plan requirements. The proposed
landscaping plans will be submitted for review and approval by the Fire Department
during building plan check.
Compliance
nce 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. Diamond Bar Municipal Code
Section 22.22.120(a)(1) establishes a height limit of 35 feet as measured from the
DR No. PL 2009-71 Page 6 of 9
finished grade to the highest point of the roofline. The project demonstrates that the
proposed building will be 34 -feet, 10 -inches at its highest point.
The proposed residence is terraced on three pad levels. From street view, the building
has the appearance of a two-story structure but the rear of the building steps down to a
lower pad, which contains the basement level. The lowest pad includes a pool, pool
house, and patio area.
gh§2rh22d
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 will not negatively affect the
existing surrounding land uses, and the design and appearance of the proposed
addition is compatible with the surrounding community.
The project site is located at the southwest edge of the Country Estates. The project
site borders a multi -family residential development to the north, single-family residential
homes to the west, and single-family homes in the Country Estates to the south and
east.
The proposed building is located approximately 151 feet to the rear property line and
the proposed patio is located approximately 31 feet to the rear property line. As
discussed above, staff recommends adding additional trees between the proposed patio
and V -ditch to provide for added screening and buffer issues between the single-family
residential use and multi -family residential use. This will help address the visual
impacts of improvements close to the property line and mitigate potential privacy issues.
Single-family residences are located to the west of the project site. These homes were
built in 1978, also prior to the City's incorporation. A vacant lot is located between the
project site and these homes. Single-family homes in the Country Estates are located to
the south and east of the project site. The project's architectural design is compatible
with the eclectic architectural style of existing homes in the Country Estates. The size
and massing of the building is proportionate to the site.
The project is designed to incorporate the principles of the City's Residential Design
Guidelines as follows:
The project is designed to minimize the negative impacts on surrounding homes.
A transition between the project and adjacent uses is achieved through
appropriate setbacks and landscaping;
The project is designed to be appropriate in mass and scale to the site and
incorporates detailed design elements;
Page 7 of 9
DR No. PL 2009-71
The project provides open space and landscaping to serve as a buffer between
neighboring properties and blend into the terrain, so as not to dominate the
landform as seen from lower elevations; and
The project is terraced on three pad levels. From street view, the building looks
like a two-story structure but the rear of the building steps down to the lower pad
level, which contains the basement floor. The lowest pad includes a pool, pool
house and patio.
Adjacent Property to the Left Project Site
Additional Review
Adjacent Property to the Right
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 July 16, 2010, public hearing notices were mailed to property owners within a 500 -
foot radius of the project site and the notice was published in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was
posted at the site, and a copy of the notice was posted at the City's designated
community posting sites.
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 15303(a) (new construction of one single-family residence) of the
CEQA Guidelines. No further environmental review is required.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached resolution
(Attachment 1) approving Development Review No. PL201 0-11, to allow the
DR No. PL 2009-71 Page 8 of 9
construction of a new single-family residence, based on the findings of DBMC
Section 22.48, subject to conditions of approval as listed within the draft resolution.
Prepared by:
Natalie Tobon.
Planning Technician
Attachments:
Reviewed by:
Gr S. Lee
Senior Planner
1. Draft Resolution Approving DR PL201 0-11; and Plans, and
2. Site Plan, Floor Plans, Elevations, Sections, Preliminary Grading P
Preliminary Landscape Plans.
Page 9 of 9
DR No. PL 2009-71
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF 'THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL 2009-71, A REQUEST TO CONSTRUCT A NEW 17,856 SQUARE -
FOOT SINGLE-FAMILY RESIDENCE AND 214 SQUARE FOOT POOL
HOUSE ON A 36,428 SQUARE -FOOT LOT LOCATED AT
3131 STEEPLECHASE LANE (ASSESSORS PARCEL NO. 8713-017-111).
A. -RECITALS
Property owners, Kimberly Xu, and applicant, An -Chi Lee, have filed an
application for Development Review No. PL 2009-71 to construct a 17,856
square -foot new single family residence and 214 square -foot pool house
located at 3131 Steeplechase Lane, Diamond Bar, Los Angeles County,
California ("Project Site"). Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Proposed Project."
2. The subject property is comprised of one parcel totaling 0.84 net acres. It
is located in the Low Medium Density (RLM) zone with an underlying
General Man Land Use designation of Low Density Residential (RL).
3. The legal description of the subject property is Parcel Map 23382 Lot 2.
The Assessor's Parcel Number is 8713-017-111.
4. On July 16, 2010, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property
owners within a 500 -foot radius of the Project site and public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board.
5. On July 27, 2010, 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.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby 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 15303 (a) (New Construction of One Single -Family Residence) 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) Section 22.48, this Planning Commission
hereby finds as follows:
Development Review Findings (DBMC Section 22.48)
1. The design and layout of the proposed development are consistent with
the general plan, development standards of the applicable district, design
guidelines, and architectural criteria for special areas (e.g., theme areas,
specific plans, community plans, boulevards or planned developments);
The proposed new single-family home is consistent with the applicable
elements of the City's General Plan, City Design Guidelines and
development standards by meeting all of the required setbacks. The
architectural style is an Italian Villa design and also provides earth -tone
shades for the exterior finish to soften the building's visual impact and
assist in preserving the hillside's aesthetic value. The project site is not a
part of any theme areas, specific plans, community plans, boulevards or
planned developments.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments,
and will not create traffic or pedestrian hazards;
The proposed new single-family home will not interfere with the use or
enjoyment of neighboring existing or future developments because the
use of the project site is designated for a single-family home and the
surrounding uses are also single-family homes.
The proposed new single-family home will not interfere with vehicular or
pedestrian movements, such as access or other functional requirements
of a single-family home by meeting the required driveway widths and
grades.
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
2
Planning Commission Resolution No. 2010 -XX
contemplated by this chapter, the general plan, or any applicable specific
plan;
The new single-family home is designed to be compatible with the
character of the neighborhood, providing earth -tone shades for the
exterior finish to soften the building's visual impact and assist in
preserving the hillside's aesthetic value.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture and color, and will remain
aesthetically appealing;
The design of the new single-family home is an Italian Villa style of
architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features, building materials,
and landscaping. The project has a subtle balance, involving* well-
proportioned masses and features.
5. The proposed development will not be detrimental to the 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; and
Before the issuance of any City permits, the proposed project is required
to comply with a// conditions within the approved resolution, and the
Building and Safety Division and Public Works Departments, and Los
Angeles County Fire Department requirements. The referenced agencies
through the permit and inspection process will ensure that the proposed
project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
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 15303(a) (New Construction of One Single -Family Residence) of
the CEQA Guidelines.
C. Based on the findings and conclusions set forth above, the Planning Commission
hereby approves the Application subject to the following conditions and the
attached standard conditions:
3
Planning Commission Resolution No. 2010 -XX
1. Planning Division
(a) The applicant shall install a chain link fence located 10 feet from the
drip line of the native oak tree to protect it from any construction
activity.
(b) Additional trees shall be planted between the patio and the existing
V -ditch to provide additional screening.
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: Kimberly Ming Xu, 18981 Bramhall Lane, Rowland
Heights, CA 91748; and An -Chi Lee, A.C. Lee & Architects,
3740 Campus Drive, Suite B, Newport Beach, CA 92660.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M
Tony Torng, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a regular meeting of the Planning Commission held on the
27th day of July 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No. 2010 -XX
CIT' COMMUNITY DEVELOPMENT
DEPARTMENT
Imo.
IWO
STANDARD CONDITIONS
USE PERMITSCOMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2009-71
SUBJECT: To construct a 17,856 square -foot new sing_jqjqfljjLV_
residence and 214 ;quare -foot pool house on a
36,428 square -foot lot.
PROPERTY Kimber,IV Ming ,u, 18981 Rramhall Lane Rowland
OWNER(S): Heights, CA 91748
APPLICANT: An- ;hi Lee, A . Lee and Architects, 3740 Campus
Drive, Suite B, Newport Beach GA 92660
LOCATION:' 3131 Steaplegh se Lane �Diamond Bar CA 9.176.5
�a
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT,
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul the approval of Development Review
No. PL 2009-71 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:
5 Planning Commission Resolution No. 2010 -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.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review -No. PL 2009-71 at the City of
Diamond Bar Community Development Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this
approval. Further, this approval shall not be effective until the applicants
pay remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business License, and zoning approval
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2010 -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, roof, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment permit, etc.,) or approved use has
commenced, whichever comes first.
6
Planning Commission Resolution No. 2010 -XX
10. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
11. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department) at
the established rates, prior to issuance of building permits, as required by
the City. School fees as required shall be paid prior to the issuance of
building permit. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to issuance of grading or
building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review shall expire within two (2) years
from the date of approval if the use has not been exercised as defined per
Municipal Code Section 22.66.050 (b)(1). The applicant may request in
writing a one year time extension subject to Municipal Code
Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, on file with the Planning
Division: site plans, floor plans, architectural elevations, and landscaping
plans, the conditions contained herein, and Development Code
regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
3. All roof -mounted equipment shall be screened from public view.
7
Planning Commission Resolution No. 2010 -XX
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who
has been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
insure that the waste contractor used has obtained permits from the City
of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-
7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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.
2. The applicant shall comply with Standard Urban Storm Water Mitigation
Plan (SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment
.and materials and operation of heavy grading equipment shall be limited
to between the hours of 7:00 a.m. and 5:00 p.m., Monday through
Saturday. Dust generated by grading and construction activities shall be
reduced by watering the soil prior to and during the activities and in
accordance with South Coast Air Quality. Management District Rule 402
and Rule 403. Reclaimed water shall be used whenever possible.
8
Planning Commission Resolution No. 2010 -XX
I-]
Additionally, all construction equipment shall be properly muffled to reduce
noise levels.
SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit
drainage and grading plans prepared by a Civil Engineer, licensed by the
State of California, prepared in accordance with the City's requirements
for the City's review and approval. A list of requirements for grading plan
check is available from the Public Works Department. All grading (cut and
fill) calculations shall be submitted to the City concurrently with the grading
plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top . of wall/footing/retaining and the finished grade on
both sides of the retaining wall. Construction details for retaining walls
shall be shown on the grading plan. Calculations and details of retaining
walls shall be submitted to the Building and Safety Division for review and
approval.
6. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a six foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance
and acceptable grading practices.
8. The maximum 'grade of driveways serving building pad areas shall be
15 percent. In hillside areas driveway grades exceeding 15 percent shall
have parking landings with a minimum 16 -feet deep and shall not exceed
five (5) percent grade or as required by the City Engineer. Driveways with
a slope of 15 percent shall incorporate grooves for traction into the
construction as required by the City Engineer.
9 Planning Commission Resolution No. 2010 -XX
9. All slopes shall be seeded per landscape plan and/or fuel modification
plan with native grasses or planted with ground cover, shrubs, and trees
for erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City
Engineer and a permanent irrigation system shall be installed.
10. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
11. Prior to the issuance of building permits, a pre -construction meeting shall
be held at the project site with, the grading contractor, applicant, and city
grading inspector at least 48 hours prior to commencing grading
operations.
12. Rough grade certifications by project soils and civil engineers shall be
submitted prior to issuance of building permits for the foundation of the
residential structure. Additionally, an as -graded geotechnical report
documenting any changes in conditions and/or recommendations during
construction shall be submitted for review and approved prior to release of
any building permits for the residential structure. Retaining wall permits
may be issued without a rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
C. DRAINAGE
1 Detailed drainage system information of the lot with �careful attention to
any flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to 'the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels, unless
that is the natural drainage course. No increase in flow (either volume or
speed) shall be directed to any adjacent parcels even if it is the natural
drainage course. If there is an increase in flow to the adjacent parcel,
permission to accept the increase shall be obtained in writing by the
adjacent property owner and submitted to the City for our records.
2. Prior to the issuance of a grading permit, a complete hydrology and
hydraulic study shall be prepared by a Civil Engineer registered in the
State of California to the satisfaction of the City Engineer.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
10
Planning Commission Resolution No. 2010 -XX
E. SEWERS/SEPTIC TANK
1. Applicant shall obtain connection permit(s) (i.e., saddle permits) to the
mainline sewer from the City.
2. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Division. Sewer plans shall be submitted for review and approval' by the
City. The new sewer mainline to be constructed shall have the capability
to serve either vacant property to either side of this lot. Any cost share for
the construction of the mainline shall be conducted solely between all
private property owners. A certificate of Occupancy will not be issued until
the sewer mainline has been constructed and finalized by both the City
Public Works Department and the Los Angeles County Sewer
Maintenance Division.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code,
and California Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Application for which no permit is issued within 180 days following the
- date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or
destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building
or work authorized by such permit is not commenced within 180 days from
the date of such permit.
4. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. The applicant shall submit a foundation and soils investigation report.
6. This project shall comply with the energy conservation requirements of the
State of California Energy commission. Kitchen and bathroom lights shall
be fluorescent or controlled by a manual-on/auto off, occupant sensor.
11 Planning Commission Resolution No. 2010 -XX.
7. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
8. Separate permits are required for pools, spas, pool houses, fountains,
gazebos, patios and decks" and shall be noted on plans.
9. A height survey may be required at completion of framing.
10. Indicate the proposed building on the plans. Submit code analysis and
justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Each group occupancy
e. Property line location in relation to each building (side yard)
11. Prior to Building permit issuance, Walnut Valley School District fees must
be paid. Please obtain a form from the Building & Safety Division to take
directly to the school district.
Walnut Valley Unified School District
880 S Lemon Ave.
Walnut, CA 91789
(909) 595-1261
12. Submit a total of 5 full set of plans including the grading for review to the
Building and Safety Division after the plans have been approved by the
Planning Division/Commission.
13. Indicate all easements on the site plan
14. Foundation systems on expansive soil shall be constructed in a manner
that minimizes damage to the structure from movement of the soil. Depth
of foundation below the natural 'and finish grade shall be not less than
24 inches for exterior and 18 inches for interior foundations.
15. Guardrails shall be designed for 200 load applied laterally at the top of the
rail.
16. All retaining walls shall be submitted to the Building and Safety and Public
Work Departments for review and approval.
12
Planning Commission Resolution No. 2010 -XX
17. Submit grading plans showing clearly all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
18. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.)
19. Check drainage patterns with Engineering Department. Surface water
shall drain away from building at a 2% minimum slope.
20. Private property sewer/septic system shall be approved by the Los
Angeles County Health Department and the California Water Control
Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Fire Department approval is required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is
located in Very High. Severity Fire Zone it shall meet of requirements of
the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior
wall.
b. All openings into the attic, floor and/or other enclosed areas shall
be covered with corrosion -resistant wire mesh not less than 1/4 inch
or more than 1/2 inch in any dimension except where such openings
are equipped with sash or door.
2. Emergency access shall be provided, maintaining free and clear, a
minimum 28 foot at all times during construction in accordance with Fire
Department requirements.
3. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required
fire protection system.
4. All required fire hydrants shall be installed and tested and accepted prior
to construction. Vehicular access must be provided and maintained
serviceable throughout construction.
END
13 Planning Commission Resolution No. 2010 -XX
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