HomeMy WebLinkAboutPC 2007-40PLANNING COMMISSION
RESOLUTION NO. 2007-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING
DEVELOPMENT REVIEW NO. 2007-15, MINOR VARIANCE NO. 2007-04
AND TREE PERMIT NO. 2007-03 FOR THE REQUEST TO CONSTRUCT A
TWO-STORY SINGLE-FAMILY RESIDENCE AND ACCESSORY
STRUCTURES ON LOT NO. 92 OF TRACT 30577, LOCATED AT
2600 BROKEN FEATHER ROAD, - APN: 8713-036-039
A. RECITALS
The Planning Commission considered an application filed by Mr. Miles Folsom
on behalf of the property owner, Mr. Jason Hou, requesting approval of plans to
construct a new two-story, 9,190 square foot single-family residence with an
attached 1,412 square foot garage, a detached 365 square foot cabana and a
swimming pool at 2600 Broken Feather Road.
2. The subject property is zoned R1-(40,000) RR and it contains 44,949 sq. ft. of
land area.
3. The subject property is legally described as Lot 92, Tract 30577 and the
Assessor Parcel Number is (APN) 8713-036-039.
4. Public Hearing notification was published in the San Gabriel Vallev Tribune and
Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot
radius of the project site were notified of the proposed project by mail. Further,
a public hearing notice display board was posted at the site, and at three other
locations within the project vicinity.
5. On August 28, 2007, 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:
The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the proposed project is
categorically exempt from the requirements of the California Environmental
Quality Act of 1970 (CEQA) in accordance to Sections 15303 and 15332 of the
CEQA Guidelines.
3. Based upon the information contained
staff report and testimony given at the
hereby finds as follows:
DEVELOPMENT REVIEW
in the submitted plans, the associated
public hearing the Planning Commission
a. The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable zone district,
design guidelines, and architectural criteria for specialized areas
(e.g., specific plans, community plans, boulevards, or planned
developments.)
The proposed single-family residence and accessory structures are
consistent with the RR zone's Development Standards and the City's
Design Guidelines. In addition the proposed project with conditions of
approval is consistent in terms of mass, scale and appearance of the
surrounding single-family dwelling units.
b. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and it will not create traffic or pedestrian hazards.
The subject property is located within a designed and developed
residential estate neighborhood. The existing public and private
improvements are available to support the proposed development and
the surrounding neighborhood. The proposed single-family residence will
not negatively impact the existing or future development of the
surrounding neighborhood.
C. The architectural design of the proposed development is compatible with
the characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
Chapter 22.48 Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
The design of the proposed single-family residence and accessory
structure is consistent with the terms and conditions of the long-range
planning policy documents adopted by the City of Diamond Bar. The
proposed project is compatible with the scope, scale and appearance of
the surrounding existing homes. The proposed project is an infill
development that will complete the neighborhood residential character.
d. The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
The project's design and use of construction material are consistent with
other single-family residences in the neighborhood.
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Planning Commission Resolution No. 2007-40
e. The proposed project will not be detrimental to the public health, safety,
or welfare or materially injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or improvements in the vicinity.
The proposed single-family residence is consistent with the anticipated
development pattern for the neighborhood and it will not negatively
impact the public health, safety or general welfare.
MANOR VARIANCE
a. There are special circumstances applicable to the property so that the
strict application of this development code denies the property owner
privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates an unnecessary and non -self-created,
hardship or unreasonable regulation which makes it obviously impractical
to require compliance with the development standards:
The subject property has an average slope in excess of 30% and the
buildable portion of the site is substantially reduced because of the
natural lot configuration. In an effort to create a dwelling consistent with
the size and mass of the surrounding dwellings the project architect has
requested that the front yard setback be reduced from 30 feet to 24 feet.
b. Granting the minor variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning district and denied to the property
owner for which the minor variance is sought.
The reduced front yard setback will result in a reduction of hillside
grading which is consistent with the Hillside Development Standards
adopted by the City. The surrounding parcels of land are not impacted by
the steep descending slope that is located on the subject property.
C. Granting the minor variance is consistent with the general plan and any
applicable specific plan.
The granting of the setback variance will aid in achieving the design
goals and objectives of the community. The use of additional retaining
walls will require additional site grading and the import of substantial fill
material.
d. The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience or welfare of the city.
The public welfare and safety would be enhanced by the reduction of
grading of the portion of the site that will be left in a natural state if the
setback variances are approved.
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Planning Commission Resolution No. 20D7-40
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
a. Planning Division
(1) Development shall substantially comply with the plans and
documents presented to the Planning Commission at the public
hearing regarding this proposed project.
(2) The applicant shall obtain the services of a licensed landscape
architect to prepare the final landscape plans for the proposed
project. The landscape plans shall include the design and
selection of material for all hardscape, walls and fencing. The
detailed landscape plans shall be submitted to the Community
Development Director for review and approval, prior to issuance of
building permits.
(3) The required landscape plan shall be designed to meet the
requirements of the Los Angeles County Fire Department's Fuel
Modification Plan in terms of plant selection, placement and
maintenance.
(4) The exposed face of all retaining walls shall be covered with
masonry veneer approve d the Director. The masonry shall be a
ledger type stone, the color of which shall be selected by the
project architect and approved by the Director.
(5) The minimum depth of the front yard setback shall be 24 feet as
measured from the private street easement.
(6) The applicant shall revise the grading plan to provide for retaining
walls that do not exceed a maximum height of exposed face of
seven (7) feet. The uppermost retaining wall that creates the
building pad shall not exceed a height of four (4) feet.
(7) The height of the proposed dwelling shall be surveyed before the
rough framing inspection shall be made by the Building
Department. A note to that effect shall be placed in a prominent
location of the construction plans.
(8) All retaining walls shall be screen with approved landscape
material.
(9) Not more than 30 mature trees shall be removed from the subject
property and the protected trees shall be replaced in-kind at a
ration of two to one. The minimum size of the replacement trees
shall be 24 inch specimen box.
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Planning Commission Resolution No. 2007-40
(10) The applicant shall apply to the City of Diamond Bar for a change
of address to Braided Mane, the street upon which the proposed
structure fronts.
b. Building and Safety Division
(1) Fire Department approval is required. The applicant shall contact
the Los Angeles County Fire Department in order to ascertain and
comply with the department's requirements.
(2) Applicant shall provide temporary sanitation facilities while under
construction.
(3) Applicant shall submit an application to the Walnut Valley Water
District to obtain a "Will Service" certificate that will meet the
domestic and Fire Flow requirements for the proposed project.
Written verification shall be submitted to the Building and Safety
Division prior to the issuance of building permits.
C. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
Mr. Jason Hou, 2610 Oakinubi, Covina, CA 91724, and Mr. Miles
Folsom, Folsom Architecture, 3365 E. Miraloma, Unit 207, Anaheim, CA
92806.
APPROVED AND ADOPTED THIS 28" DAY OF
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
eve Nelson, Chairman
AUGUST 2007, BY THE PLANNING
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 28th day of August 2007, by the following vote:
AYES: Commissioners: Lee, Nolan, Wei, VC/Torng,Chair/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Nany Fong, cr to
5
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT No: Development Review No. 2007-15, Minor Variance No MV 2007-04 &
Tree Permit No. TP 2007-03
SUBJECT: Construction of a new 2 -story Single -Family Dwelling and
Accessory Structures
PROPERTY Mr. Jason Hou, 2610 Oakinubi, Covina CA 91724
OWNER:
APPLICANT: Mr. Miles Folsom, 3365 Miraloma, Unit 207 Anaheim, CA 92806
LOCATION: 2600 Broken Feather Road, Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS'
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. 2007-15, Minor Variance
No. 2007-04 and Tree Permit No. 2007-03 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. 2007-40
(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. 2007-15, Minor Variance No. 2007-04
and Tree Permit No. 2007-03, 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 the Planning Commission Resolution No. 2007-40, Standard
Conditions, and all environmental mitigations shall be included on the plans.
The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall
be coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
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Planning Commission Resolution No. 2007-40
11. The applicant shall comply with requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit(whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review No. 2007-15, Minor Variance No. 2007-
04 and Tree Permit No. 2007-03 shall expire within two years from the date of
approval if the use has not been exercised as defined per Municipal Code
Section 22.66.050(b) (1). The applicant may request in writing a one year time
extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, collectively referenced herein as Exhibit "A" including:
site plans, floor plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division, the conditions
contained herein, and the 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.
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
owner/occupant.
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Planning Commission Resolution No. 2007-40
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be
submitted to the Planning Division for review and approval.
2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted
with the type of planting materials, color, size, quantity and location including
proposed sites for the planting of protected/preserved trees and additional
species to mask the retaining wall height.
3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy
issuance, the landscaping/irrigation shall be installed or replaced. Any dense
plant material or fencing proposed in the front setback shall not exceed
42 inches maximum height.
4. Prior to releasing occupancy, an inspection shall be conducted by the Planning
Division to determine that any and all slope vegetation is in satisfactory
condition.
F. 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
1. Applicant shall follow special requirements as required by the City Engineer for
construction in a Restricted Use Area. No portion of the habitable structure shall
be located in the Restricted Use Area and a Covenant and Agreement to
construct in a Restricted Use Area shall be recorded and returned to the City
prior to the issuance of any grading or retaining wall permits.
2. An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
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Planning Commission Resolution No. 2007-40
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.
3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Please refer to
City handouts.
4. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
Prior to grading plan submittal, a
Geotechnical Engineer, licensed by the
by the applicant for approval by the City.
geotechnical report prepared by a
State of California, shall be submitted
2. Upon approval of the geotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
from the Public Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the grading
plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall be
submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a 6 foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
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Planning Commission Resolution No. 2007-40
C.
f7
7. Grading of the subject property shall
Building Code, City Grading Ordinance,
acceptable grading practices.
be in accordance with the California
Hillside Management Ordinance and
8. The maximum grade of driveways serving buil(
percent. In hillside areas driveway grades exce,
parking landings with a minimum 16 feet deep
percent grade or as required by the City Engineer.
percent shall incorporate grooves for traction into
by the City Engineer.
ing pad areas shall be 15
ding 15 percent shall have
id shall not exceed five (5)
Driveways with a slope of 15
the construction as required
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. Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
11. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
12. Rough grade certifications by project soils engineer shall be submitted prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be submitted
to the Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
DRAINAGE
Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development
shall be conveyed from the site to the natural drainage course. No on-site
drainage shall be conveyed to adjacent parcels, unless that is the natural
drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of California
to the satisfaction of the City Engineer and Los Angeles Public Works
Department.
OFF-SITE STREET IMPROVEMENTS (Not required)
E. UTILITIES (Not required)
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Planning Commission Resolution No. 2007-40
R
F. SEWERS/SEPTIC TANK
Applicant shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
G. TRAFFIC MITIGATIONS (Not required)
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Applicant must pay School fees prior to issuance of permit
2. Proposed sculpture, water fountain, retaining walls, pool/spa, BBQ area,
gazebo, pond and tennis court shall be under separate permits
3. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and the
2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
4 Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
5. 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 drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
7. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
8. A height survey shall be required at completion of framing.
10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001
California Building Code.
11. All balconies shall be designed for 601b. live load.
12. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
13. Indicate all easements on the site plan.
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Planning Commission Resolution No. 2007-40
14. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located in
High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
15. 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.
16. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.).
17. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
18. Specify location of tempered glass as required by code.
19. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
20. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
End
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Planning Commission Resolution No. 2007-40
PLANNING COMMISSION
RESOLUTION NO. 2007-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING
DEVELOPMENT REVIEW NO. 2007-15, MINOR VARIANCE NO. 2007-04
AND TREE PERMIT NO. 2007-03 FOR THE REQUEST TO CONSTRUCT A
TWO-STORY SINGLE-FAMILY RESIDENCE AND ACCESSORY
STRUCTURES ON LOT NO. 92 OF TRACT 30577, LOCATED AT
2600 BROKEN FEATHER ROAD, - APN: 8713-036-039
A. RECITALS
B.
1 The Planning Commission considered an application filed by Mr. Miles Folsom
on behalf of the property owner, Mr. Jason Hou, requesting approval of plans to
construct a new two-story, 9,190 square foot single-family residence with an
attached 1,412 square foot garage, a detached 365 square foot cabana and a
swimming pool at 2600 Broken Feather Road.
2. The subject property is zoned R1-(40,000) RR and it contains 44,949 sq. ft. of
land area.
3. The subject property is legally described as Lot 92, Tract 30577 and the
Assessor Parcel Number is (APN) 8713-036-039.
4. Public Hearing notification was published in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot
radius of the project site were notified of the proposed project by mail. Further,
a public hearing notice display board was posted at the site, and at three other
locations within the project vicinity.
5. On August 28, 2007, 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.
RE'.SOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the
City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the proposed project is
categorically exempt from the requirements of the California Environmental
Quality Act of 1970 (CEQA) in accordance to Sections 15303 and 15332 of the
CEQA Guidelines.
3. Based upon the information contained in the submitted plans, the associated
staff report and testimony given at the public hearing the Planning Commission
hereby finds as follows:
DEVELOPMENT REVIEW
a. The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable zone district,
design guidelines, and architectural criteria for specialized areas
(e.g., specific plans, community plans, boulevards, or planned
developments.)
The proposed single-family residence and accessory structures are
consistent with the RR zone's Development Standards and the City's
Design Guidelines. In addition the proposed project with conditions of
approval is consistent in terms of mass, scale and appearance of the
surrounding single-family dwelling units.
b. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and it will not create traffic or pedestrian hazards.
The subject property is located within a designed and developed
residential estate neighborhood. The existing public and private
improvements are available to support the proposed development and
the surrounding neighborhood. The proposed single-family residence will
not negatively impact the existing or future development of the
surrounding neighborhood.
c. The architectural design of the proposed development is compatible with
the characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
Chapter 22.48 Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
The design of the proposed single-family residence and accessory
structure is consistent with the terms and conditions of the long-range
planning policy documents adopted by the City of Diamond Bar. The
proposed project is compatible with the scope, scale and appearance of
the surrounding existing homes. The proposed project is an infill
development that will complete the neighborhood residential character.
d. The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
The project's design and use of construction material are consistent with
other single-family residences in the neighborhood.
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Planning Commission Resolution No. 2007-40
e. The proposed project will not be detrimental to the public health, safety,
or welfare or materially injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or improvements in the vicinity.
The proposed single-family residence is consistent with the anticipated
development pattern for the neighborhood and it will not negatively
impact the public health, safety or general welfare.
MINOR VARIANCE
a. There are special circumstances applicable to the property so that the
strict application of this development code denies the property owner
privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates an unnecessary and non -self-created,
hardship or unreasonable regulation which makes it obviously impractical
to require compliance with the development standards:
The subject property has an average slope in excess of 30% and the
buildable portion of the site is substantially reduced because of the
natural lot configuration. In an effort to create a dwelling consistent with
the size and mass of the surrounding dwellings the project architect has
requested that the front yard setback be reduced from 30 feet to 24 feet.
b. Granting the minor variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning district and denied to the property
owner for which the minor variance is sought.
The reduced front yard setback will result in a reduction of hillside
grading which is consistent with the Hillside Development Standards
adopted by the City. The surrounding parcels of land are not impacted by
the steep descending slope that is located on the subject property.
c. Granting the minor variance is consistent with the general plan and any
applicable specific plan.
The granting of the setback variance will aid in achieving the design
goals and objectives of the community. The use of additional retaining
walls will require additional site grading and the import of substantial fill
material.
d. The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience or welfare of the city.
The public welfare and safety would be enhanced by the reduction of
grading of the portion of the site that will be left in a natural state if the
setback variances are approved.
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Planning Commission Resolution No. 2007-40
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
a. Planning Division
(1) Development shall substantially comply with the plans and
documents presented to the Planning Commission at the public
hearing regarding this proposed project.
(2) The applicant shall obtain the services of a licensed landscape
architect to prepare the final landscape plans for the proposed
project. The landscape plans shall include the design and
selection of material for all hardscape, walls and fencing. The
detailed landscape plans shall be submitted to the Community
Development Director for review and approval, prior to issuance of
building permits.
(3)
The required landscape plan shall be designed to meet the
requirements of the Los Angeles County Fire Department's Fuel
Modification Plan in terms of plant selection, placement and
maintenance.
(4) The exposed face of all retaining walls shall be covered with
masonry veneer approve d the Director. The masonry shall be a
ledger type stone, the color of which shall be selected by the
project architect and approved by the Director.
(5)
The minimum depth of the front yard setback shall be 24 feet as
measured from the private street easement.
(6) The applicant shall revise the grading plan to provide for retaining
walls that do not exceed a maximum height of exposed face of
seven (7) feet. The uppermost retaining wall that creates the
building pad shall not exceed a height of four (4) feet.
(7)
The height of the proposed dwelling shall be surveyed before the
rough framing inspection shall be made by the Building
Department. A note to that effect shall be placed in a prominent
location of the construction plans.
(8) All retaining walls shall be screen with approved landscape
material.
(9)
Not more than 30 mature trees shall be removed from the subject
property and the protected trees shall be replaced in-kind at a
ration of two to one. The minimum size of the replacement trees
shall be 24 inch specimen box.
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Planning Commission Resolution No. 2007-40
(10) The applicant shall apply to the City of Diamond Bar for a change
of address to Braided Mane, the street upon which the proposed
structure fronts.
b. Building and Safety Division
(1) Fire Department approval is required. The applicant shall contact
the Los Angeles County Fire Department in order to ascertain and
comply with the department's requirements.
(2) Applicant shall provide temporary sanitation facilities while under
construction.
(3) Applicant shall submit an application to the Walnut Valley Water
District to obtain a "Will Service" certificate that will meet the
domestic and Fire Flow requirements for the proposed project.
Written verification shall be submitted to the Building and Safety
Division prior to the issuance of building permits.
c. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
Mr. Jason Hou, 2610 Oakinubi, Covina, CA 91724, and Mr. Miles
Folsom, Folsom Architecture, 3365 E. Miraloma, Unit 207, Anaheim, CA
92806.
APPROVED AND ADOPTED THIS 28H DAY OF AUGUST 2007, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Y1
By: ( 1 ' 'A(
eve Nelson, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 28th day of August 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Lee, Nolan, Wei, VC/Torng,Chair/Nelson
Commissioners: None
Commissioners: None
Commissioners:
None
5
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT No:
SUBJECT:
PROPERTY
OWNER:
APPLICANT:
LOCATION:
Development Review No. 2007-15, Minor Variance No. MV 2007-04 &
Tree Permit No. TP 2007-03
Construction of a new 2 -story Single -Family Dwelling and
Accessory Structures
Mr. Jason Hou, 2610 Oakinubi, Covina, CA 91724
Mr. Miles Folsom, 3365 Miraloma, Unit 207, Anaheim, CA 92806
2600 Broken Feather Road, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A.
GENERAL REQUIREMENTS'
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. 2007-15, Minor Variance
No. 2007-04 and Tree Permit No. 2007-03 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:
6
Planning Commission Resolution No. 2007-40
(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. 2007-15, Minor Variance No. 2007-04
and Tree Permit No. 2007-03, 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 the Planning Commission Resolution No. 2007-40, Standard
Conditions, and all environmental mitigations shall be included on the plans.
The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall
be coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
7
Planning Commission Resolution No. 2007-40
11. The applicant shall comply with 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, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit(whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review No. 2007-15, Minor Variance No. 2007-
04 and Tree Permit No. 2007-03 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 referenced herein as Exhibit "A" including:
site plans, floor plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division, the conditions
contained herein, and the 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.
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
owner/occupant.
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Planning Commission Resolution No. 2007-40
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be
submitted to the Planning Division for review and approval.
2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted
with the type of planting materials, color, size, quantity and location including
proposed sites for the planting of protected/preserved trees and additional
species to mask the retaining wall height.
3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy
issuance, the landscaping/irrigation shall be installed or replaced. Any dense
plant material or fencing proposed in the front setback shall not exceed
42 inches maximum height.
4. Prior to releasing occupancy, an inspection shall be conducted by the Planning
Division to determine that any and all slope vegetation is in satisfactory
condition.
F. 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
1. Applicant shall follow special requirements as required by the City Engineer for
construction in a Restricted Use Area. No portion of the habitable structure shall
be located in the Restricted Use Area and a Covenant and Agreement to
construct in a Restricted Use Area shall be recorded and returned to the City
prior to the issuance of any grading or retaining wall permits.
2. An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
9
Planning Commission Resolution No. 2007-40
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.
3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Please refer to
City handouts.
4. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be submitted
by the applicant for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
from the Public Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the grading
plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall be
submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a 6 foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
10
Planning Commission Resolution No. 2007-40
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of 15
percent shall incorporate grooves for traction into the construction as required
by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan with
native grasses or planted with ground cover, shrubs, and trees for erosion
control upon completion of grading or some other alternative method of erosion
control shall be completed to the satisfaction of the City Engineer.
10. Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
11. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
12. Rough grade certifications by project soils engineer shall be submitted prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be submitted
to the Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development
shall be conveyed from the site to the natural drainage course. No on-site
drainage shall be conveyed to adjacent parcels, unless that is the natural
drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of California
to the satisfaction of the City Engineer and Los Angeles Public Works
Department.
D. OFF-SITE STREET IMPROVEMENTS (Not required)
E. UTILITIES (Not required)
11
Planning Commission Resolution No. 2007-40
I
F. SEWERS/SEPTIC TANK
1. Applicant shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
G. TRAFFIC MITIGATIONS (Not required)
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Applicant must pay School fees prior to issuance of permit
2. Proposed sculpture, water fountain, retaining walls, pool/spa, BBQ area,
gazebo, pond and tennis court shall be under separate permits
3. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and the
2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
4 Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
5. 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 drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
7. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
8. A height survey shall be required at completion of framing.
10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001
California Building Code.
11. All balconies shall be designed for 601b. live load.
12. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
13. Indicate all easements on the site plan.
12
Planning Commission Resolution No. 2007-40
14. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located in
High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
15. 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.
16. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.).
17. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
18. Specify location of tempered glass as required by code.
19. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
20. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
End
13
Planning Commission Resolution No. 2007-40
