HomeMy WebLinkAboutPC 2007-49PLANNING COMMISSION
RESOLUTION NO. 2007-49
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. 2007-20 AND MINOR VARIANCE NO. 2007-07, CATEGORICAL
EXEMPTION AND THE INCREASE OF HEIGHT FOR A WALL IN THE 30
FEET FRONT YARD SETBACK, FOR A REQUEST TO CONSTRUCT A
NEW 12,347 SQUARE FOOT SINGLE FAMILY RESIDENCE ON A 52,272
SQUARE FOOT LOT, LOCATED AT 2218 INDIAN CREEK DRIVE
(APN:8713-040-028, LOT 62, TRACT NO. 23483), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
Property owner, Sophia Chen, and applicant, P.W. Associates, have filed an
application for Development Review No. 2007-20, and Minor Variance
No. 2007-07, for property located at 2218 Indian Creek Drive, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. Public hearing notices were mailed to approximately 30 property owners
within a 500 -foot radius of the project site. Notification of the public hearing
for this project was advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. In addition, the project site was posted
with a display board and the public notice was posted in three public places.
3. On September 25, 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;
:?. The Planning Commission hereby finds that the project identified above
in this Resolution is categorically exempt in accordance with
Section 15300.4(e) of the California Environmental Quality Act (CEQA) and
guidelines promulgated there under. 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 at 2218 Indian Creek Drive (Lot 62 of
Tract 23483), Diamond Bar, California;
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum Dwelling/Lot;
(c) The project site is within the Single Family Residence -Minimum Lot
Size of 1 -acre (R-1-8,000) Zone interpreted as Rural Residential (RR)
Zone;
(d) Generally, to the north is Single Family Residential -Minimum Lot Size
of 1 -acre (R-1-40,000) zone; to the east is Single Family Residential -
Minimum Lot Size of 1 -acre (R-1-40,000) zone; to the south is Single
Family Residential -Minimum Lot Size of 1 -acre (R-1-40,000) zone;
and to the west is Single Family Residential- Minimum Lot Size of 1 -
acre (R-1-40,000).
(e) The Application request for the construction of a new 12,347 square
foot Single Family Residence foot on an existing 52,272 square foot
lot and for a block wall to extend 54 inches.
Development Review
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
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Planning Commission Resolution No. 2007-49
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments);
On July 25, 1995, the City adopted its General Plan. Although Tract
No. 23483, Lot 62 (project site) was established prior to the City's
incorporation and General Plan's adoption. The application complies
with the City's General Plan's elements, objectives, and strategies
related to maintaining the integrity of residential neighborhoods and
open space, and the Rural Residential (minimum lot of 1 -acre) land
use designation.
The proposed project consists of a new 12,347 square foot Single
Family Residence. Hence, the proposed project meets all other
development standards for the RR zoning district as prescribed in the
Development Code.
The proposed project is not unusual for the surrounding area and is
consistent with other development in this surrounding community. The
proposed project will maintain the integrity and not degrade this
residential area. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed projects
architectural style (French Themed) and construction materials and
colors will match the existing residence which is compatible with the
architectural style, colors and material of other homes within the
community.
(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards; with the
approval and construction of the proposed project, the current use of
the project site will be maintained. As referenced above in finding (f),
the proposed project can be accommodated at the project site.
Additionally, the architectural style, color and materials proposed will
match the existing residence.
The proposed construction of new 12,347 square foot Single Family
Residence established in the surrounding community and also
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Planning Commission Resolution No. 2007-49
consistent with other additions recently approved by the Planning
Commission. As such, the proposed project is not expected to
interfere with the use and enjoyment of neighboring existing or future
development. The proposed project is not expected to intensify the
existing use to an extent that will create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan;
The architectural style of the proposed site is a typical French
Themed design. The compatibility of the proposed project with the
surrounding residences is consistent with the City's Development
Review Standards, City Design Guidelines and City's General Plan.
As a result, the proposed project will maintain the harmonious, orderly
and attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's
General Plan. There is no applicable specific plan for this area.
(i) 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 and will retain a reasonably
adequate level of maintenance;
As referenced in the above findings (t), (g), and (h), the proposed
project 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
while offering variety in color and texture and a low level of
maintenance.
(j) The proposed development will not be detrimental to 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;
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 Division, and Fire
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Planning Commission Resolution No. 2007-49
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) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
In accordance with the provisions of the California Environmental
QualityAct (CEQA), Section 15300.4(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.
Minor Variance
(1) The proposed use is allowed within the subject zoning district with the
applicable provisions of the Development Code and the Municipal
Code;
As stated in Findings (t), (g) and (h) above, the proposed
development of a single-family residence is allowed within the R-1-
40,000 zoning district. In accordance with the Development Code,
the development standards of the RR zoning district apply to the
project site. R-1-40, 000 zoning district and complies with all applicable
Development Code standards for that zoning district except for the
block wall in the front 30 foot setback. The proposed wall can be
allowed with the appropriate findings through the Minor Variance
process. According to Table 3-3 of Development Code
Section 22.20.030, the required height of a wall in the front yard is 42
inches.
(m) There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
conditions), 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 make it obviously impractical to require compliance
with the development standards.
The proposed new single-family residence meets all Development
Requirements in accordance with the Diamond Bar Development
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Planning Commission Resolution No. 2007-49
Code for the exception of a block wall in the front yard setback. The
request is to increase the height of the allowable 42 inch block wall to
54 inches.
The subject property is zoned R-1-40,000. It is a 52,272 square foot
irregularly shaped lot. The subject property is an average sized lot
surrounding Indian Creek that average in size of 1 -acre.
The applicant is proposing to add a new 12,347 square foot Single
Family Residence with a 54 inch block wall in the front yard setback to
architecturally enhance the entry. The block wall does not obscure
view of the public right of way.
(n) 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.
Other homes in the area were built prior to the adoption the City's
Development Code and amendments. The height for a wall in the
front setback is 3 feet 6 inches. The applicant is requesting to erect
the height of the wall to 4 feet 6 inches to architecturally enhance the
entrance of the structure.
Other homes in this tract have similar walls. Therefore, 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.
(o) Granting the Minor Variance is consistent with the General Plan and
any applicable specific plan.
The proposed single-family residence is consistent the City's General
Plan and there is no specific plan for the area. The proposed single-
family residence complies with the applicable standards for the R-1-
40,000 (Rural Residential Development Standards (RR)) zoning
district with the exception of the block wall in the front yard setback. In
this case, the erection over 42 inches to a block wall requires a Minor
Variance approval. The wall begins at 42 inches and increases to 54
inches towards the interior of the driveway, which is consistent with
the neighboring properties with respect to design and materials.
6 Planning Commission Resolution No. 2007-49
(p) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience or welfare of the City.
As stated in Item 4(0 — Q), the proposed entitlement would not be
detrimental to the public interest, health, safety, convenience or
welfare of the City.
(q) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
As stated in Item 4(k), the proposed entitlement has been reviewed in
compliance with the provisions of the California Environmental Quality
Act (CEQA).
51. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planning Division
(a) The project shall substantially conform to site plan, floor plans, roof
plan, elevations, and sections collectively labeled as Exhibit "A" dated
September 7, 2007, as submitted and approved by the Planning
Commission, and as amended herein;
(b) Before construction begins, the applicant shall install temporary
construction fencing with screening 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;
(c) Applicant shall comply with Planning Division, Building and Safety
Division and Public Works Division requirements;
Public Works Division
(d) The Drainage Plan shall be prepared by a Civil Engineer, licensed in
the State of California, in accordance with the City's requirements for
plan check review and approval by the Public Works Division. The
Drainage Plan shall show the location of the walls and elevations of
the top of wall/footing and finished grade on both sides of the
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Planning Commission Resolution No. 2007-49
retaining walls. Additionally, surface water shall drain away from the
building at a 2% minimum slope;
(e) If applicable, all drainage/runoff from the development shall be
conveyed from the site to the natural drainage course or the adjacent
private street, with the exception of the drainage to the adjacent
private street, no on-site drainage shall be conveyed to adjacent
parcels. If required by the Public Works Director, the applicant shall
provide a hydrology study;
(f) Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
place for construction started after October 1, through April 15. The
erosion control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits;
Building and Safety
(g) Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(h) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval;
(i) Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval;
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: Sophia Chen, 2822 Bentley Way, Diamond Bar, CA 91765 and
P.W. Associates, Attention: Phillip Wang, 5917 Oak Avenue #110,
Temple City, CA 91780
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Planning Commission Resolution No. 2007-49
APPROVED AND ADOPTED THIS 25th OF SEPTEMBER 2007, BY THE
PLANNIING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: )k"
Steve Nelson, hairman
I, Nancy Fong, 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 25th
day of September 2007, by the following vote:
AYES: Commissioners: Nolan, VC/Torng, Lee, Chair/Nelson
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: wei
IAT�
ATTEST:
Nancy o ecr ary
9
Development Review No. 2007-20
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2007-20, Minor Variance No.
2007-07
SUBJECT: New 12,347 square foot Single Family Residence, and
height of a block wall in the front yard setback of 54
inches.
PROPERTY OWNER: Sophia Chen
APPLICANT: P.W. Associates
LOCATION: 2218 Indian Creek Drive, 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. 2007-20 and Minor
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Planning Commission Resolution No. 2007-49
Variance No. 2007-07 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers,
agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's 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. 2007-20 and Minor Variance
No. 2007-07 at the City of Diamond Bar Community and Development
Services 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. 2007-49,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
7. Approval of this request shall not waive compliance with all sections o the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
11 Planning Commission Resolution No. 2007-49
8. 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.
9. 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.
110. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
111. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid 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. Priorto any plan check, all deposit accounts forthe processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review No. 2007-20 and Minor Variance
No. 2007-07 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) Planning Commission approval.
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Planning Commission Resolution No. 200749
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 reference herein as Exhibit
"A" including: site plans, floor plans, architectural elevations, landscaping on
file in the Planning Division, the conditions contained herein, Development
Code regulations, the Specific Plan, and the Community Plan.
2. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence" on a
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
F. 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.
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 clearly detailing erosion control
measures. These measures shall be implemented during construction. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) as specified in the Storm Water BMP
Certification. For construction activity which disturbs one acre or greater soil
a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please
refer to City handouts.
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfactory of the City Engineer. Please refer
to City handouts.
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Planning Commission Resolution No. 2007-49
I
. 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 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.
6l. 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. 2007-49
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
and a permanent irrigation system shall be installed.
10. 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.
11. 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.
12. 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
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.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
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Planning Commission Resolution No. 2007-49
E. SEWERS/SEPTIC TANK
1. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 8:39-7020, 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
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2'. 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.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
5. "Separate permits are required for pool, spa, pond and tennis court" and
shall be noted on plans.
6. A height survey may be required at completion of framing.
7. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
8. Indicate the proposed addition and existing building on the plans. Submit
code analysis and justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side yard)
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.)
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Planning Commission Resolution No. 2007-49
h. Accessibility analysis for the entire site and for each building
i. Shaft rating/ exterior walls construction/ opening protection
9. Verify adequate exit requirements. The distance between required exits shall
be'/2 of the building diagonal.
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.
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 114 inch or more
than 1/2 inch in any dimension except where such openings are equipped
with sash or door.
15. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
16. 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.
17. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
18. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
19. Specify location of tempered glass as required by code.
20. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
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Planning Commission Resolution No. 2007-49
2.1. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during construction in accordance with Fire Department
requirements.
21. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
3. All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained
serviceable throughout construction.
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Planning Commission Resolution No. 2007-49
PLANNING COMMISSION
RESOLUTION NO. 2007-49
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. 2007-20 AND MINOR VARIANCE NO. 2007-07, CATEGORICAL
EXEMPTION AND THE INCREASE OF HEIGHT FOR A WALL IN THE 30
FEET FRONT YARD SETBACK, FOR A REQUEST TO CONSTRUCT A
NEW 12,347 SQUARE FOOT SINGLE FAMILY RESIDENCE ON A 52,272
SQUARE FOOT LOT, LOCATED AT 2218 INDIAN CREEK DRIVE
(APN:8713-040-028, LOT 62, TRACT NO. 23483), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
1. Property owner, Sophia Chen, and applicant, P.W. Associates, have filed an
application for Development Review No. 2007-20, and Minor Variance
No. 2007-07, for property located at 2218 Indian Creek Drive, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. Public hearing notices were mailed to approximately 30 property owners
within a 500 -foot radius of the project site. Notification of the public hearing
for this project was advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. In addition, the project site was posted
with a display board and the public notice was posted in three public places.
3. On September 25, 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 with
Section 15300.4(e) of the California Environmental Quality Act (CEQA) and
guidelines promulgated there under. 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 at 2218 Indian Creek Drive (Lot 62 of
Tract 23483), Diamond Bar, California;
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum Dwelling/Lot;
(c) The project site is within the Single Family Residence -Minimum Lot
Size of 1 -acre (R-1 -8,000) Zone interpreted as Rural Residential (RR)
Zone;
(d) Generally, to the north is Single Family Residential -Minimum Lot Size
of 1 -acre (R-1-40,000) zone; to the east is Single Family Residential -
Minimum Lot Size of 1 -acre (R-1-40,000) zone; to the south is Single
Family Residential -Minimum Lot Size of 1 -acre (R-1-40,000) zone;
and to the west is Single Family Residential- Minimum Lot Size of 1 -
acre (R-1-40,000).
(e) The Application request for the construction of a new 12,347 square
foot Single Family Residence foot on an existing 52,272 square foot
lot and for a block wall to extend 54 inches.
Development Review
(f)
The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
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Planning Commission Resolution No. 2007-49
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments);
(9)
On July 25, 1995, the City adopted its General Plan. Although Tract
No. 23483, Lot 62 (project site) was established prior to the City's
incorporation and General Plan's adoption. The application complies
with the City's General Plan's elements, objectives, and strategies
related to maintaining the integrity of residential neighborhoods and
open space, and the Rural Residential (minimum lot of 1 -acre) land
use designation.
The proposed project consists of a new 12,347 square foot Single
Family Residence. Hence, the proposed project meets all other
development standards for the RR zoning district as prescribed in the
Development Code.
The proposed project is not unusual for the surrounding area and is
consistent with other development in this surrounding community. The
proposed project will maintain the integrity and not degrade this
residential area. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed projects
architectural style (French Themed) and construction materials and
colors will match the existing residence which is compatible with the
architectural style, colors and material of other homes within the
community.
The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards; with the
approval and construction of the proposed project, the current use of
the project site will be maintained. As referenced above in finding (f),
the proposed project can be accommodated at the project site.
Additionally, the architectural style, color and materials proposed will
match the existing residence.
The proposed construction of a new 12,347 square foot Single Family
Residence established in the surrounding community and also
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Planning Commission Resolution No. 2007-49
consistent with other additions recently approved by the Planning
Commission. As such, the proposed project is not expected to
interfere with the use and enjoyment of neighboring existing or future
development. The proposed project is not expected to intensify the
existing use to an extent that will create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan;
U)
The architectural style of the proposed site is a typical French
Themed design. The compatibility of the proposed project with the
surrounding residences is consistent with the City's Development
Review Standards, City Design Guidelines and City's General Plan.
As a result, the proposed project will maintain the harmonious, orderly
and attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's
General Plan. There is no applicable specific plan for this area.
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 and will retain a reasonably
adequate level of maintenance;
As referenced in the above findings (t), (g), and (h), the proposed
project 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
while offering variety in color and texture and a low level of
maintenance.
The proposed development will not be detrimental to 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;
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 Division, and Fire
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Planning Commission Resolution No. 2007-49
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) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
In accordance with the provisions of the California Environmental
QualityAct (CEQA), Section 15300.4(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.
Minor Variance
(1)
(m)
The proposed use is allowed within the subject zoning district with the
applicable provisions of the Development Code and the Municipal
Code;
As stated in Findings (f), (g) and (h) above, the proposed
development of a single-family residence is allowed within the R-1-
40,000 zoning district. In accordance with the Development Code,
the development standards of the RR zoning district apply to the
project site. R-1-40, 000 zoning district and complies with all applicable
Development Code standards for that zoning district except for the
block wall in the front 30 foot setback. The proposed wall can be
allowed with the appropriate findings through the Minor Variance
process. According to Table 3-3 of Development Code
Section 22.20.030, the required height of a wall in the front yard is 42
inches.
There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
conditions), 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 make it obviously impractical to require compliance
with the development standards.
The proposed new single-family residence meets all Development
Requirements in accordance with the Diamond Bar Development
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Planning Commission Resolution No. 2007-49
Code for the exception of a block wall in the front yard setback. The
request is to increase the height of the allowable 42 inch block wall to
54 inches.
The subject property is zoned R-1-40,000. It is a 5Z272 square foot
irregularly shaped lot. The subject property is an average sized lot
surrounding Indian Creek that average in size of 1 -acre.
The applicant is proposing to add a new 12,347 square foot Single
Family Residence with a 54 inch block wall in the front yard setback to
architecturally enhance the entry. The block wall does not obscure
view of the public right of way.
(n) 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.
Other homes in the area were built prior to the adoption the City's
Development Code and amendments. The height for a wall in the
front setback is 3 feet 6 inches. The applicant is requesting to erect
the height of the wall to 4 feet 6 inches to architecturally enhance the
entrance of the structure.
Other homes in this tract have similar walls. Therefore, 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.
(o) Granting the Minor Variance is consistent with the General Plan and
any applicable specific plan.
The proposed single-family residence is consistent the City's General
Plan and there is no specific plan for the area. The proposed single-
family residence complies with the applicable standards for the R-1-
40,000 (Rural Residential Development Standards (RR)) zoning
district with the exception of the block wall in the front yard setback. In
this case, the erection over 42 inches to a block wall requires a Minor
Variance approval. The wall begins at 42 inches and increases to 54
inches towards the interior of the driveway, which is consistent with
the neighboring properties with respect to design and materials.
6
Planning Commission Resolution No. 2007-49
(p)
(q)
The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience or welfare of the City.
As stated in Item 4(t) - (j), the proposed entitlement would not be
detrimental to the public interest, health, safety, convenience or
welfare of the City.
The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
As stated in Item 4(k), the proposed entitlement has been reviewed in
compliance with the provisions of the California Environmental Quality
Act (CEQA).
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planning Division
(a) The project shall substantially conform to site plan, floor plans, roof
plan, elevations, and sections collectively labeled as Exhibit "A" dated
September 7, 2007, as submitted and approved by the Planning
Commission, and as amended herein;
(b) Before construction begins, the applicant shall install temporary
construction fencing with screening 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;
(c) Applicant shall comply with Planning Division, Building and Safety
Division and Public Works Division requirements;
Public Works Division
(d) The Drainage Plan shall be prepared by a Civil Engineer, licensed in
the State of California, in accordance with the City's requirements for
plan check review and approval by the Public Works Division. The
Drainage Plan shall show the location of the walls and elevations of
the top of wall/footing and finished grade on both sides of the
7
Planning Commission Resolution No. 2007-49
retaining walls. Additionally, surface water shall drain away from the
building at a 2% minimum slope;
(e) If applicable, all drainage/runoff from the development shall be
conveyed from the site to the natural drainage course or the adjacent
private street, with the exception of the drainage to the adjacent
private street, no on-site drainage shall be conveyed to adjacent
parcels. If required by the Public Works Director, the applicant shall
provide a hydrology study;
(f)
Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
place for construction started after October 1, through April 15. The
erosion control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits;
Building and Safety
(9)
Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(h) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval;
(i)
Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval;
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: Sophia Chen, 2822 Bentley Way, Diamond Bar, CA 91765 and
P.W. Associates, Attention: Phillip Wang, 5917 Oak Avenue # 110,
Temple City, CA 91780
8
Planning Commission Resolution No. 2007-49
APPROVED AND ADOPTED THIS 25th OF SEPTEMBER 2007, BY THE
PLANNIING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Steve Nelson, Chairman
I, Nancy Fong, 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 25th
day of September 2007, by the following vote:
AYES: Commissioners: Nolan, VC/Torng, Lee, Chair/Nelson
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: Wei
ATTEST:
9
Development Review No. 2007-20
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2007-20, Minor Variance No.
2007-07
SUBJECT: New 12,347 square foot Single Family Residence, and
height of a block wall in the front yard setback of 54
inches.
PROPERTY OWNER: Sophia Chen
APPLICANT: P.W. Associates
LOCATION: 2218 Indian Creek Drive, 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. 2007-20 and Minor
10
Planning Commission Resolution No. 2007-49
Variance No. 2007-07 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers,
agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's 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. 2007-20 and Minor Variance
No. 2007-07 at the City of Diamond Bar Community and Development
Services 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. 2007-49,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
7. 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.
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Planning Commission Resolution No. 2007-49
8. 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.
9. 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.
110. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
111. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the 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. 2007-20 and Minor Variance
No. 2007-07 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) Planning Commission approval.
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Planning Commission Resolution No. 2007-49
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 reference herein as Exhibit
"A" including: site plans, floor plans, architectural elevations, landscaping on
file in the Planning Division, the conditions contained herein, Development
Code regulations, the Specific Plan, and the Community Plan.
2. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence" on a
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
F. 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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1 An Erosion Control Plan shall be submitted clearly detailing erosion control
measures. These measures shall be implemented during construction. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) as specified in the Storm Water BMP
Certification. For construction activity which disturbs one acre or greater soil
a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please
refer to City handouts.
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfactory of the City Engineer. Please refer
to City handouts.
13
Planning Commission Resolution No. 2007-49
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.
61. 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.
14
Planning Commission Resolution No. 2007-49
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
and a permanent irrigation system shall be installed.
10. 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.
11. 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.
12. 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.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
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Planning Commission Resolution No. 2007-49
E. SEWERS/SEPTIC TANK
1. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 8:39-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2'. 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.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
5. "Separate permits are required for pool, spa, pond and tennis court" and
shall be noted on plans.
6. A height survey may be required at completion of framing.
7. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
8. Indicate the proposed addition and existing building on the plans. Submit
code analysis and justification showing the following:
a. Each building square foot
b. Each building height
c. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side yard)
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.)
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Planning Commission Resolution No. 2007-49
h. Accessibility analysis for the entire site and for each building
i. Shaft rating/ exterior walls construction/ opening protection
9. Verify adequate exit requirements. The distance between required exits shall
be 1/2 of the building diagonal.
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.
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. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
16. 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.
17. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
18. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
19. Specify location of tempered glass as required by code.
20. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
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Planning Commission Resolution No. 2007-49
2.1. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during construction in accordance with Fire Department
requirements.
2'. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained
serviceable throughout construction.
END
18
Planning Commission Resolution No. 2007-49