HomeMy WebLinkAboutPC 2007-26PLANNING COMMISSION
RESOLUTION NO. 2007-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING AN AMENDMENT TO DEVELOPMENT
REVIEW NO. 2004-16(1), AN APPROVING TREE PERMIT NO. 2004-08
AND CATEGORICAL EXEMPTION, A REQUEST FOR CHANGES TO AN
APPROVED PROJECT AS SPECIFIED HEREIN. THE PROJECT SITE IS
LOCATED AT 22807 LAZY TRAIL ROAD (LOT 149, TRACT NO. 30091;
APN: 8713-029-005), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Ms. Rita Medirata and applicant, Mr. Pete Volbeda have
filed an application for Development Review No. 2004-16(1), Tree Permit
No. 2004-08 and categorical exemption for a property located at 22807 Lazy
Trail Road, Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review, Tree Permit and categorical
exemption shall be referred to as the "Application."
2. Public hearing notices were mailed to approximately 32 property owners
within a 500 -foot radius of the project site; the public notice was posted in
three public places; the project site was posted with a display board; and
notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On May 8, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt in accordance to Section 15301 (e) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
:S. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located within a gated community identified as The
Country Estates. According to the tract map, the project site is 1.88
acres (81,893 square feet) with a flood hazard and restricted use
areas in the rear of the project site and outside of the development
area. The project site is irregular shaped (approximately 1.5:1/
67%/34 degree) and sloping down toward the rear property line.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single -Family Residence -Minimum Lot
Size 40,000 square feet (R-1-40,000).
(d) Generally, Single -Family Residence -Minimum Lot Size 40,000 square
feet (R-1-40,000) surround the project site.
(e) The Application request is to modify the Planning Commission
approval of August 24, 2007, via Planning Commission Resolution
No. 2004-37 by:
(1) adding approximately 865 square feet of habitable space and
approximately 1,391 square feet for a combination of decks
and front porch extensions;
(2) Changing the roof pitch from 3:12 to 4:12;
(3) Changing the configuration of an existing two foot high
retaining wall in the front yard setback;
(4) Adding a fireplace in the master bedroom;
(5) Changing the window configuration above the porch from two
to one window, deleting one window in the sitting room, and
add three wood decorative niches and statue;
(6) Changing some windows to doors and doors to windows and
deleting windows at the rear elevation; and
(7) Reconfiguring the driveway and walkway in the front yard.
The applicant is not requesting to modify the Tree Permit approval.
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Planning Commission Resolution No. 2007-26
Development Review
(f) On July 25, 1995, the City adopted its General Plan. Lot 149 of Tract
No. 30091 (project site) was established prior to the City's
incorporation under the jurisdiction of Los Angeles County. It was
developed in 1986 with a single-family residence of approximately
4,000 square feet. However, with the Planning Commission's
approval of Development Review No. 2004-16 on August 24, 2004,
the residence was demolished.
The Planning Commission found that the approved project was
consistent with the General Plan, City Design Guidelines and
architectural criteria of the Country Estates. Now the applicant is
requesting approval to amend the Planning Commission's approval
by:
(1) adding approximately 865 square feet of habitable space and
approximately 1,391 square feet for a combination of decks
and front porch extensions;
(2) Changing the roof pitch from 3:12 to 4:12;
(3) Changing the configuration of an existing two foot high
retaining wall in the front yard setback;
(4) Adding a fireplace in the master bedroom;
(5) Changing the window configuration above the porch from two
to one window, deleting one window in the sitting room, and
add three wood decorative niches and statue;
(6) Changing some windows to doors and doors to windows and
deleting windows at the rear elevation; and
(7) Reconfiguring the driveway and walkway in the front yard.
The addition of approximately 865 square feet of habitable space
does not change the foot print of the residence as approved by the
Planning Commission. The reconfiguration of the habitable area
basically includes the same uses. However, a dance area is added.
The residence is located on the lot with setbacks approved by the
Planning Commission. On April 10, 2007, the applicant submitted a
survey done by a certified licensed land surveyor confirming that the
house is located according to the Planning Commission approval and
the footprint of the residence does not expanded into the required
setbacks. Therefore, staff recommends approval of this change.
The proposed deck extension is similar in design to the first set of
plans submitted for this project in 2004. Staff rejected the first design
because the deck extended too far beyond the rear wall of the
residence. Overhanging and cantilever decks add bulk to a building
and make a building appear more massive, taller and monumental.
Also, deck extensions dominate the down slope of the terrain from
lower elevations instead of blending with the terrain. Furthermore,
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Planning Commission Resolution No. 2007-26
this type of design is not consistent with the City's hillside
management standards as shown in a graphic identified as Exhibit "C"
and attached to the staff report. Therefore, staff does not recommend
approval of this change.
According to the Development Code, the height is measured from the
natural or finished grade of a structure to the roofline. The Planning
Commission approved plans show the height of the rear elevation as
measured from the finished grade to the roof line of the deck as 30
feet. The proposed plans show the height of the residence at the
highest point is 43 feet. Because the roof of the deck is deleted, the
height is now measured to the roof line of the second floor. As a
result, the residence exceeds the maximum allowed height of 35 feet.
Staff recommends that the roof above the first floor deck remain as
approved by the Planning Commission in 2004 because a roof on the
first floor deck softens the rigid vertical element of the rear elevation
and is in keeping with the hillside management standards. The
applicant requested a variance for the height; however, the legal ad
was processed prior to the request.
The change in roof pitch from 3:12 to 4:12 adds height to the
residence. With the roof over the first floor deck, the residence
exceeds the 35 foot height limit from the natural or finished grade.
Reducing the pitch of the roof will help to lower the height of the
residence. Therefore, staff recommends the 3:12 roof pitch with the
roof over the first floor deck. Additionally, the August 2004 Planning
Commission approval requires that at the rough framing stage, the
height of the residence be certified by a licensed engineer. This
condition is in the draft resolution for the proposed amendment.
Other minor changes which the applicant is requesting and staff is
recommending approval of, include: extending the covered
unenclosed porch at entry level into the front yard setback by three
feet, which is allowed in the Development Code; reducing the linear
feet of the low retaining wall in the front setback; adding a fireplace in
the master bedroom; changing the window configuration above the
porch from two to one window, deleting one window in the sitting
room, and adding three wood decorative niches and statue at the
front elevation; changing some windows to doors and doors to
windows and deleting windows at the rear elevation; reconfiguring the
driveway and walkway in the front yard as long as that 50 percent of
the front yard area is landscaped; and deleting a window at the left -
south side elevation
(g) As referenced above in Finding (f) and with the changes to the project
that is supported by staff and as conditioned in the resolution, the
design and layout of the proposed project will not interfere with the
use and enjoyment of neighboring existing or future development and
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Planning Commission Resolution No. 2007-26
will not create traffic or pedestrian hazards. Additionally, the basic
architectural designed and colors and materials approved by the
Planning Commission will not change with the proposed amendments
and as conditioned in the resolution. Furthermore, the proposed
project is not expected to intensify the existing use to an extent that
will create traffic or pedestrian hazards on the private streets within
this gated community.
(h) As referenced above in Finding (f), the proposed project as
conditioned in this resolution is consistent with the development
standards of the Rural Residential zoning district and the City's
Design Guidelines. There is not a specific plan for the project area.
(i) As referenced above in findings (f), (g), and (h) and as conditioned in
the resolution, the proposed project provides a desirable environment
for its occupants and visiting public as well as its neighbors through
good aesthetic use of materials, texture and color that will remain
aesthetically appealing while offering variety in color and texture and a
low level of maintenance.
(j) Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Department, and
Fire Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(k) According to the provisions of the California Environmental Quality Act
(CEQA), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar of Diamond Bar.
"free Permit
(1) Tree Permit No. 2004-08 is a request to remove two oak trees
(Quercus Agrifolia) that have a DBH of eight inches or greater.
Preservation of the trees is not feasible because they are located in
area of the lot that will be developed. However, the Development
Code allows the removal of these oak trees with the appropriate
mitigation measure. According to Development Code
Section 22.38.130 - Tree Replacement and Relocation Standard, the
oak trees that will be removed shall be replaced at a 3:1 ratio,
minimum 24 inch box size. The replacement trees shall be located on
the project site.
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Planning Commission Resolution No. 2007-26
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and Standard Conditions attached hereto and incorporated by
reference:
A. Planning Division
1. This resolution shall replace Planning Commission Resolution
No. 2004-37 approved by the Planning Commission on
August 24, 2004.
2. Prior to the issuance of any City permits, the applicant shall
submit a final landscape and irrigation plan. The landscape
plan shall show the location of the six replacement oak trees at
24 inch box size. The landscape plan shall also include the
size, quantity and species of plant materials utilized in the
planter areas between the retaining walls. Furthermore, the
plant materials shall screen the retaining walls and shall be
substantial in order to cover the walls in a brief period of time
to the satisfaction of the Community Development Director.
Prior to final inspection or Certificate of Occupancy, all
landscaping and irrigation shall be installed.
3. Maximum height of the residence shall not exceed 35 feet from
the finish grade at any exterior wall of the structure to the
highest point of the roofline. The 35 feet includes the
chimneys. At roof sheathing inspection, the Applicant shall
have a licensed engineer certify that the height of the
residential structure meets this requirement and submit it to the
Building and Safety Division for review and approval.
4. Four retaining walls located in the rear and rear side yards are
proposed. Three of the walls shall not exceed an exposed
height of eight feet and one wall shall not exceed an exposed
height of four feet
5. Height of any structures (i.e., wall, fences, fountain, gates,
etc.,) within the 30 foot front yard setback is 42 inches.
6. Prior to digging the foundation and setting forms, the applicant
(at the applicant's expense) shall provide a certified land
survey to the City verifying the required setback locations
according to the Development Code, and Exhibit "A" on file in
the Planning Division.
7. The following modifications shall be prohibited:
(a) Deck extensions shall be prohibited;
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Planning commission Resolution No. 2007-26
(b)
Window located on the left -south side elevation shall be
deleted;
8. The following modifications shall be approved:
(a)
Adding habitable space in the basement of
approximately 768 square feet for a bedroom,
bathroom, television room and laundry room and
adjacent dance hall area;
(b)
Adding approximately 64 square feet to the family room
and approximately 32 square feet to the nook located
on the first floor;
(c)
A roof above the first floor deck at the rear elevation of
the residence as shown in Exhibit "A" dated August 24,
2004, and approved by the Planning Commission;
(d)
A roof pitch of 4:12;
(e)
Extending the front porch entry by approximately 38
square feet. By extending the front porch, a 27 to 31
foot front yard setback would be maintained instead.
(f)
Changing the configuration of an existing two foot high
retaining wall in the front yard setback.;
(g)
Adding a fireplace in the master bedroom;
(h).
Changing the window configuration on the front
elevation above the porch from two to one window,
delete one window in the sitting room, and add three
wood decorative niches and statue;
(i) Changing some windows to doors and doors are
changed to windows and deleting windows at the front
elevation; and.
Q) Reconfiguring the driveway and walkway in the front
yard and providing 50 percent of the front yard area in
landscaping.
Prior to the issuance of any City permits, the applicant shall
submit revised floor plans and elevations that reflect the above
referenced modifications for review and approval by the
Community Development Director.
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Planning Commission Resolution No. 2007-26
9. Prior to the issuance of any City permits all violations on site
shall be resolved to the satisfaction of the Community
Development Director. --
10. Sump pump shall be moved to a suitable location and under
grounded. If it is demonstrated that it cannot be moved, then
the equipment shall be setback five feet from the property line
and screened with a combination of block wall and
landscaping. Prior to the issuance of a building permit, the
applicant shall submit a revised site plan showing the location
of the sump pump for the review and approval by the
Community Development Director.
11. The window located in the wok kitchen on the left -south side
elevation shall not exceed the minimum size as required by the
building code. Prior to the issuance of a building permit, the
applicant shall submit revised plans for the review and
approval by the Community Development Director
12. Applicant shall plant Cypress Lelandii trees or similar type
trees adjacent to the south property line from the front building
line to the rear building line of the residence for screening
purposes. Trees shall be a minimum 15 gallon size and
planted 10 feet on center. Prior to the issuance of a building
permit, the applicant shall submit a revised landscape plan
delineating the trees for the review and approval by
Community Development Director.
B. Building and Safety Division
1. Occupancy of the residential property shall not commence until
such time as all Uniform Building Code and State Fire Marshal
regulations have been met. The residential structure shall be
inspected for compliance prior to occupancy.
2. Prior to final inspection, the applicant shall install hard wire
smoke detectors with battery back-up in all bedrooms and
hallways leading to sleeping areas.
3. All bedrooms shall comply with all rescue window
requirements.
4. Plan shall show compliance with half the diagonal distance
between the two required exists at the upper level.
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Planning Commission Resolution No. 2007-26
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: Ms. Rita Medirata, Health Net,
1387 Magnolia, Chino, CA 91765 and Mr. Pete Volbeda,
615 N. Benson Avenue, Upland, CA 91710.
APPROVED AND ADOPTED THIS 8TH OF MAY 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: �JO'VL--
Steve
Nelson, Chairman
i, Nancy Fong, Acting 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 8th day
of May 2007, by the following vote:
ATTEST:
AYES: Commissioner: vc/Torng, Nolan, Lee, Chair/Nelson
NOES: Commissioner: None
ABSTAIN: Commissioner: None
ABSENT: Commissioner: wei
E
Deve'; a,T.-,;.i Revi,%w rdo 2004-13(11
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2004-16(1) and Tree Permit
No. 2004-08
SUBJECT: Demolish Existing Single -Family Residence and Construct
a New Single -Family Residence
PROPERTY OWNER: Ms. Rita Medirata
APPLICANT: Pete Volbeda
LOCATION: 22807 Lazy Trail Road
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. 2004-16(1) and Tree
Permit No. 2004-08 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:
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Planning Commission Resolution No. 2007-26
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. 2004-16(1) and Tree Permit
No. 2004-08, 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 Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2007-26, 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 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 being commenced thereon, all conditions
of approval shall be completed
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and driveway plans, elevations and
sections shall be coordinated for consistency prior to issuance of City permits
(such as grading, tree removal, encroachment, building, etc.) or approved
use has commenced, whichever comes first.
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Planning Commission Resolution No. 2007-26
10. The single family residence shall not be used in a manner that creates
adverse effects upon the neighborhood and environmental setting of the
residential site to levels of dust, glare/light, noise, odor, traffic, or other
disturbances to the existing residential neighborhood and shall not result in
significantly adverse effects on public services and resources. The single
family residence shall not be used for commercial/institutional purposes, or
otherwise used as a separate dwelling. The property shall not be used for
regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
'11. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and Fire Department.
B. Fees/Deposits
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 come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. Time Limits
The approval of Development Review No. 2004-16(1) and Tree Permit
No. 2004-08 shall expire within two years from the date of approval if the use
has not been exercised as defined per Municipal Code Section 22.66.050
(b)(1). The applicant may request in writing a one yeartime extension subject
to Municipal Code Section 22.60.050(c) for Planning Commission approval.
D. Site Development
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively attached hereto as
Exhibit "A" dated May 8, 2007, including: site plan, floor plan, architectural
elevations, exterior materials and colors and landscaping/irrigation plans on
file in the Planning Division, the conditions contained herein and
Development Code regulations.
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Planning Commission Resolution No. 2007-26
2. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence and
Second Unit" on a form to be provided by the City. The covenant shall be
completed and recorded with the Los Angeles County Recorders Office.
E. Solid Waste
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, construction, and industrial areas
within the City. It shall be the applicant's obligation to insure that the waste
contractor used has obtained permits from the City of Diamond Bar to
provide such services.
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:
A. General
An Erosion Control Plan shall be submitted prior to the issuance of any City
permits. These measures shall be implemented during construction between
October 1 stand April 15th. The erosion control plan shall conform to national
Pollutant Discharge Elimination System (NPDES) standards and incorporate
the appropriate Best Management Practices (BMP's).
2. Applicant shall follow special requirements as required by the City Engineer
for construction in a Restricted Use Area. No portion of the habitable
structure shall be located in the Restricted Use Area and a Covenant and
Agreement to construct in a Restricted Use Area shall be recorded and
returned to the City prior to the issuance of any grading or retaining wall
permits.
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. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
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Planning Commission Resolution No. 2007-26
4. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Referto City
handouts.
B. SOILS REPORT/GRADING/RETAINING WALLS
I . The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-
way.
2. 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.
;. 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.
4. Finished slopes shall conform to City Code Section 22.22.080 -Grading
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area,' including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
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Planning Commission Resolution No. 2007-26
g. 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.
10. 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.
11. If applicable, submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of transport, prior to
grading plan check submittal.
12. 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.
13. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
14. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
D. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purpose shall be offered and shown on the
detailed site plan for dedication to the City or affected utility company.
2. Will Serve Letters shall be submitted stating that adequate facilities are or
will be available to serve the proposed project shall be submitted to the City
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Planning Commission Resolution No. 2007-26
from all utilities such as, but not limited to, phone, gas, water, electric, and
cable.
;3. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
4. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
E. SEWERS/SEPTIC TANK
'1. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at plan check
submittal.
Before construction begins, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along the
project site's perimeter. This fencing shall remain until the Building Official
approves its removal. The Applicant shall provide temporary sanitation
facilities while under construction.
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 High
Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
4. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
16
Planning Commission Resolution No. 2007-26
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. Project shall comply with energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
6. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
7. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
8. Specify location of tempered glass as required by code.
9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
10. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
17
Manning Commission Resolution No. 2007-26
PLANNING COMMISSION
RESOLUTION NO. 2007-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING AN AMENDMENT TO DEVELOPMENT
REVIEW NO. 2004-16(1), AN APPROVING TREE PERMIT NO. 2004-08
AND CATEGORICAL EXEMPTION, A REQUEST FOR CHANGES TO AN
APPROVED PROJECT AS SPECIFIED HEREIN. THE PROJECT SITE IS
LOCATED AT 22807 LAZY TRAIL ROAD (LOT 149, TRACT NO. 30091;
APN: 8713-029-005), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Ms. Rita Medirata and applicant, Mr. Pete Volbeda have
filed an application for Development Review No. 2004-16(1), Tree Permit
No. 2004-08 and categorical exemption for a property located at 22807 Lazy
Trail Road, Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review, Tree Permit and categorical
exemption shall be referred to as the "Application."
2. Public hearing notices were mailed to approximately 32 property owners
within a 500 -foot radius of the project site; the public notice was posted in
three public places; the project site was posted with a display board; and
notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On May 8, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt in accordance to Section 15301 (e) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located within a gated community identified as The
Country Estates. According to the tract map, the project site is 1.88
acres (81,893 square feet) with a flood hazard and restricted use
areas in the rear of the project site and outside of the development
area. The project site is irregular shaped (approximately 1.5:1/
67%/34 degree) and sloping down toward the rear property line.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single -Family Residence -Minimum Lot
Size 40,000 square feet (R-1-40,000).
(d) Generally, Single -Family Residence -Minimum Lot Size 40,000 square
feet (R-1-40,000) surround the project site.
(e) The Application request is to modify the Planning Commission
approval of August 24, 2007, via Planning Commission Resolution
No. 2004-37 by:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
adding approximately 865 square feet of habitable space and
approximately 1,391 square feet for a combination of decks
and front porch extensions;
Changing the roof pitch from 3:12 to 4:12;
Changing the configuration of an existing two foot high
retaining wall in the front yard setback;
Adding a fireplace in the master bedroom;
Changing the window configuration above the porch from two
to one window, deleting one window in the sitting room, and
add three wood decorative niches and statue;
Changing some windows to doors and doors to windows and
deleting windows at the rear elevation; and
Reconfiguring the driveway and walkway in the front yard.
The applicant is not requesting to modify the Tree Permit approval.
2
Planning Commission Resolution No. 2007-26
Development Review
M
On July 25, 1995, the City adopted its General Plan. Lot 149 of Tract
No. 30091 (project site) was established prior to the City's
incorporation under the jurisdiction of Los Angeles County. It was
developed in 1986 with a single-family residence of approximately
4,000 square feet. However, with the Planning Commission's
approval of Development Review No. 2004-16 on August 24, 2004,
the residence was demolished.
The Planning Commission found that the approved project was
consistent with the General Plan, City Design Guidelines and
architectural criteria of the Country Estates. Now the applicant is
requesting approval to amend the Planning Commission's approval
by:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
adding approximately 865 square feet of habitable space and
approximately 1,391 square feet for a combination of decks
and front porch extensions;
Changing the roof pitch from 3:12 to 4:12;
Changing the configuration of an existing two foot high
retaining wall in the front yard setback;
Adding a fireplace in the master bedroom;
Changing the window configuration above the porch from two
to one window, deleting one window in the sitting room, and
add three wood decorative niches and statue;
Changing some windows to doors and doors to windows and
deleting windows at the rear elevation; and
Reconfiguring the driveway and walkway in the front yard.
The addition of approximately 865 square feet of habitable space
does not change the foot print of the residence as approved by the
Planning Commission. The reconfiguration of the habitable area
basically includes the same uses. However, a dance area is added.
The residence is located on the lot with setbacks approved by the
Planning Commission. On April 10, 2007, the applicant submitted a
survey done by a certified licensed land surveyor confirming that the
house is located according to the Planning Commission approval and
the footprint of the residence does not expanded into the required
setbacks. Therefore, staff recommends approval of this change.
The proposed deck extension is similar in design to the first set of
plans submitted for this project in 2004. Staff rejected the first design
because the deck extended too far beyond the rear wall of the
residence. Overhanging and cantilever decks add bulk to a building
and make a building appear more massive, taller and monumental.
Also, deck extensions dominate the down slope of the terrain from
lower elevations instead of blending with the terrain. Furthermore,
3
Planning Commission Resolution No. 2007-26
this type of design is not consistent with the City's hillside
management standards as shown in a graphic identified as Exhibit "C"
and attached to the staff report. Therefore, staff does not recommend
approval of this change.
(g)
According to the Development Code, the height is measured from the
natural or finished grade of a structure to the roofline. The Planning
Commission approved plans show the height of the rear elevation as
measured from the finished grade to the roof line of the deck as 30
feet. The proposed plans show the height of the residence at the
highest point is 43 feet. Because the roof of the deck is deleted, the
height is now measured to the roof line of the second floor. As a
result, the residence exceeds the maximum allowed height of 35 feet.
Staff recommends that the roof above the first floor deck remain as
approved by the Planning Commission in 2004 because a roof on the
first floor deck softens the rigid vertical element of the rear elevation
and is in keeping with the hillside management standards. The
applicant requested a variance for the height; however, the legal ad
was processed prior to the request.
The change in roof pitch from 3:12 to 4:12 adds height to the
residence. With the roof over the first floor deck, the residence
exceeds the 35 foot height limit from the natural or finished grade.
Reducing the pitch of the roof will help to lower the height of the
residence. Therefore, staff recommends the 3:12 roof pitch with the
roof over the first floor deck. Additionally, the August 2004 Planning
Commission approval requires that at the rough framing stage, the
height of the residence be certified by a licensed engineer. This
condition is in the draft resolution for the proposed amendment.
Other minor changes which the applicant is requesting and staff is
recommending approval of, include: extending the covered
unenclosed porch at entry level into the front yard setback by three
feet, which is allowed in the Development Code; reducing the linear
feet of the low retaining wall in the front setback; adding a fireplace in
the master bedroom; changing the window configuration above the
porch from two to one window, deleting one window in the sitting
room, and adding three wood decorative niches and statue at the
front elevation; changing some windows to doors and doors to
windows and deleting windows at the rear elevation; reconfiguring the
driveway and walkway in the front yard as long as that 50 percent of
the front yard area is landscaped; and deleting a window at the left -
south side elevation
As referenced above in Finding (f) and with the changes to the project
that is supported by staff and as conditioned in the resolution, the
design and layout of the proposed project will not interfere with the
use and enjoyment of neighboring existing or future development and
4
Planning Commission Resolution No. 2007-26
will not create traffic or pedestrian hazards. Additionally, the basic
architectural designed and colors and materials approved by the
Planning Commission will not change with the proposed amendments
and as conditioned in the resolution. Furthermore, the proposed
project is not expected to intensify the existing use to an extent that
will create traffic or pedestrian hazards on the private streets within
this gated community.
(h) As referenced above in Finding (f), the proposed project as
conditioned in this resolution is consistent with the development
standards of the Rural Residential zoning district and the City's
Design Guidelines. There is not a specific plan for the project area.
U)
As referenced above in findings (f), (g), and (h) and as conditioned in
the resolution, the proposed project provides a desirable environment
for its occupants and visiting public as well as its neighbors through
good aesthetic use of materials, texture and color that will remain
aesthetically appealing while offering variety in color and texture and a
low level of maintenance.
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Department, and
Fire Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(k) According to the provisions of the California Environmental Quality Act
(CEQA), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar of Diamond Bar.
Tree Permit
(I)
Tree Permit No. 2004-08 is a request to remove two oak trees
(Quercus Agrifolia) that have a DBH of eight inches or greater.
Preservation of the trees is not feasible because they are located in
area of the lot that will be developed. However, the Development
Code allows the removal of these oak trees with the appropriate
mitigation measure. According to Development Code
Section 22.38.130 - Tree Replacement and Relocation Standard, the
oak trees that will be removed shall be replaced at a 3:1 ratio,
minimum 24 inch box size. The replacement trees shall be located on
the project site.
5
Planning Commission Resolution No. 2007-26
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and Standard Conditions attached hereto and incorporated by
reference:
A. Planning Division
1. This resolution shall replace Planning Commission Resolution
No. 2004-37 approved by the Planning Commission on
August 24, 2004.
2. Prior to the issuance of any City permits, the applicant shall
submit a final landscape and irrigation plan. The landscape
plan shall show the location of the six replacement oak trees at
24 inch box size. The landscape plan shall also include the
size, quantity and species of plant materials utilized in the
planter areas between the retaining walls. Furthermore, the
plant materials shall screen the retaining walls and shall be
substantial in order to cover the walls in a brief period of time
to the satisfaction of the Community Development Director.
Prior to final inspection or Certificate of Occupancy, all
landscaping and irrigation shall be installed.
3. Maximum height of the residence shall not exceed 35 feet from
the finish grade at any exterior wall of the structure to the
highest point of the roofline. The 35 feet includes the
chimneys. At roof sheathing inspection, the Applicant shall
have a licensed engineer certify that the height of the
residential structure meets this requirement and submit it to the
Building and Safety Division for review and approval.
4. Four retaining walls located in the rear and rear side yards are
proposed. Three of the walls shall not exceed an exposed
height of eight feet and one wall shall not exceed an exposed
height of four feet
5. Height of any structures (i.e., wall, fences, fountain, gates,
etc.,) within the 30 foot front yard setback is 42 inches.
6. Prior to digging the foundation and setting forms, the applicant
(at the applicant's expense) shall provide a certified land
survey to the City verifying the required setback locations
according to the Development Code, and Exhibit "A" on file in
the Planning Division.
7. The following modifications shall be prohibited:
(a) Deck extensions shall be prohibited;
6
Planning Commission Resolution No. 2007-26
(b) Window located on the left -south side elevation shall be
deleted;
8. The following modifications shall be approved:
(a) Adding habitable space in the basement of
approximately 768 square feet for a bedroom,
bathroom, television room and laundry room and
adjacent dance hall area;
(b) Adding approximately 64 square feet to the family room
and approximately 32 square feet to the nook located
on the first floor;
(c) A roof above the first floor deck at the rear elevation of
the residence as shown in Exhibit "A" dated August 24,
2004, and approved by the Planning Commission;
(d) A roof pitch of 4:12;
(e) Extending the front porch entry by approximately 38
square feet. By extending the front porch, a 27 to 31
foot front yard setback would be maintained instead.
M
(9)
Changing the configuration of an existing two foot high
retaining wall in the front yard setback.;
Adding a fireplace in the master bedroom;
(h). Changing the window configuration on the front
elevation above the porch from two to one window,
delete one window in the sitting room, and add three
wood decorative niches and statue;
G)
Changing some windows to doors and doors are
changed to windows and deleting windows at the front
elevation; and.
Reconfiguring the driveway and walkway in the front
yard and providing 50 percent of the front yard area in
landscaping.
Prior to the issuance of any City permits, the applicant shall
submit revised floor plans and elevations that reflect the above
referenced modifications for review and approval by the
Community Development Director.
7
Planning Commission Resolution No. 2007-26
9. Prior to the issuance of any City permits all violations on site
shall be resolved to the satisfaction of the Community
Development Director.
10. Sump pump shall be moved to a suitable location and under
grounded. If it is demonstrated that it cannot be moved, then
the equipment shall be setback five feet from the property line
and screened with a combination of block wall and
landscaping. Prior to the issuance of a building permit, the
applicant shall submit a revised site plan showing the location
of the sump pump for the review and approval by the
Community Development Director.
11. The window located in the wok kitchen on the left -south side
elevation shall not exceed the minimum size as required by the
building code. Prior to the issuance of a building permit, the
applicant shall submit revised plans for the review and
approval by the Community Development Director
12. Applicant shall plant Cypress Lelandii trees or similar type
trees adjacent to the south property line from the front building
line to the rear building line of the residence for screening
purposes. Trees shall be a minimum 15 gallon size and
planted 10 feet on center. Prior to the issuance of a building
permit, the applicant shall submit a revised landscape plan
delineating the trees for the review and approval by
Community Development Director.
B. Building and Safety Division
1. Occupancy of the residential property shall not commence until
such time as all Uniform Building Code and State Fire Marshal
regulations have been met. The residential structure shall be
inspected for compliance prior to occupancy.
2. Prior to final inspection, the applicant shall install hard wire
smoke detectors with battery back-up in all bedrooms and
hallways leading to sleeping areas.
3. All bedrooms shall comply with all rescue window
requirements.
4. Plan shall show compliance with half the diagonal distance
between the two required exists at the upper level.
8
Planning Commission Resolution No. 2007-26
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: Ms. Rita Medirata, Health Net,
1387 Magnolia, Chino, CA 91765 and Mr. Pete Volbeda,
615 N. Benson Avenue, Upland, CA 91710.
APPROVED AND ADOPTED THIS 8TH OF MAY 2007, BY THE
PLANNIING COMMISSION OF THE CITY OF DIAMOND BAR.
S eve Nelson
Chairman
i, Nancy Fong, Acting 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 8th day
of May 2007, by the following vote:
AYES: Commissioner: vc/Torn, Nolan, Lee, Chair/Nelson
NOES: Commissioner: None
ABSTAIN: Commissioner: None
ABSENT: Commissioner: wei
ATTEST:
9
Devr.—"";),-r!"z,-%-,'.Revi,'.wr,lo 2004-16-1—
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2004-16(1) and Tree Permit
No. 2004-08
SUBJECT: Demolish Existing Single -Family Residence and Construct
a New Single -Family Residence
PROPERTY OWNER: Ms. Rita Medirata
APPLICANT: Pete Volbeda
LOCATION: 22807 Lazy Trail Road
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review No. 2004-16(1) and Tree
Permit No. 2004-08 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:
10
Planning Commission Resolution No. 2007-26
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. 2004-16(1) and Tree Permit
No. 2004-08, 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 Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2007-26, 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 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 being commenced thereon, all conditions
of approval shall be completed
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and driveway plans, elevations and
sections shall be coordinated for consistency prior to issuance of City permits
(such as grading, tree removal, encroachment, building, etc.) or approved
use has commenced, whichever comes first.
11
Planning Commission Resolution No. 2007-26
'10. The single family residence shall not be used in a manner that creates
adverse effects upon the neighborhood and environmental setting of the
residential site to levels of dust, glare/light, noise, odor, traffic, or other
disturbances to the existing residential neighborhood and shall not result in
significantly adverse effects on public services and resources. The single
family residence shall not be used for commercial/institutional purposes, or
otherwise used as a separate dwelling. The property shall not be used for
regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
11. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and Fire Department.
B. Fees/Deposits
11. 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 priorto the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. Time Limits
1 The approval of Development Review No. 2004-16(1) and Tree Permit
No. 2004-08 shall expire within two years from the date of approval if the use
has not been exercised as defined per Municipal Code Section 22.66.050
(b)(1). The applicant may request in writing a one year time extension subject
to Municipal Code Section 22.60.050(c) for Planning Commission approval.
D. Site Development
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, collectively attached hereto as
Exhibit "A" dated May 8, 2007, including: site plan, floor plan, architectural
elevations, exterior materials and colors and landscaping/irrigation plans on
file in the Planning Division, the conditions contained herein and
Development Code regulations.
12
Planning Commission Resolution No. 2007-26
2. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence and
Second Unit" on a form to be provided by the City. The covenant shall be
completed and recorded with the Los Angeles County Recorders Office.
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:
A.
General
An Erosion Control Plan shall be submitted prior to the issuance of any City
permits. These measures shall be implemented during construction between
October 1st and April 15th. The erosion control plan shall conform to national
Pollutant Discharge Elimination System (NPDES) standards and incorporate
the appropriate Best Management Practices (BMP's).
2. Applicant shall follow special requirements as required by the City Engineer
for construction in a Restricted Use Area. No portion of the habitable
structure shall be located in the Restricted Use Area and a Covenant and
Agreement to construct in a Restricted Use Area shall be recorded and
returned to the City prior to the issuance of any grading or retaining wall
permits.
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. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
13
Planning Commission Resolution No. 2007-26
4. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Referto City
handouts.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-
way.
2. 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.
3. 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.
4. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
5—. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area,' including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
14
Planning Commission Resolution No. 2007-26
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.
10. 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.
11. If applicable, submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of transport, prior to
grading plan check submittal.
12. 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.
13. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
14. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
C. DRAINAGE
1 Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
D. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purpose shall be offered and shown on the
detailed site plan for dedication to the City or affected utility company.
2. Will Serve Letters shall be submitted stating that adequate facilities are or
will be available to serve the proposed project shall be submitted to the City
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Planning Commission Resolution No. 2007-26
from all utilities such as, but not limited to, phone, gas, water, electric, and
cable.
3. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
4.
Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
E. SEWERS/SEPTIC TANK
1. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
'I. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at plan check
submittal.
2. Before construction begins, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along the
project site's perimeter. This fencing shall remain until the Building Official
approves its removal. The Applicant shall provide temporary sanitation
facilities while under construction.
3. Fire Department approval is required. Contact the Fire Depart
ment to check
the fire zone for the location of your property. If this project is located in High
Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
4. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
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Planning Commission Resolution No. 2007-26
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. Project shall comply with energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
6. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
7. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
8. Specify location of tempered glass as required by code.
9. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
10. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
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Planning Commission Resolution No. 2007-26
