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HomeMy WebLinkAboutPC 2008-02PLANNING COMMISSION RESOLUTION NO. 2008-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-29, VARIANCE NO. 2007-07 AND MINOR VARIANCE NO. 2006-04 FOR THE REQUEST TO CONSTRUCT A NEW SPLIT LEVEL FOUR-STORY DWELLING UNIT WITH AN ATTACHED SECOND UNIT CONSISTING OF 8,165 SQUARE FEET AND THE REDUCTION OF THE REQUIRED FRONT YARD AND REAR YARD SETBACKS ON LOT 4 OF TRACT 24064, LOCATED AT 1755 DERRINGER LANE, APN 8713-003-004 A. RECITALS The Planning Commission considered applications filed by S&W Development on behalf of the property owners, Mr. and Mrs. Alex Prince, requesting approval of plans to construct a new split level four-story dwelling unit with an attached second unit consisting of 8,165 square feet with two attached 2 -car garages and a swimming pool and spa at 1755 Derringer Lane. The proposed project includes the reduction of the front yard and rear yard setbacks and the construction of seven (7) foot high retaining walls. 2. The subject property is zoned RR (R-1 40,000) and it contains 52,272 sq. ft. (1.2 acres) of land area. 3. The subject property is legally described as Lot 4, Tract 24064 and the Assessor Parcel Number is (APN) 8713-003-004. 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 January 8, 2008, 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 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 with an attached second unit is consistent with the RR's zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent with the surrounding single-family dwelling units in terms of mass, scale and appearance. 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 neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed dwelling unit with an attached second dwelling as conditioned herein 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 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. 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. 2 Planning Commission Resolution No. 2008-02 The project's design and use of construction material are consistent with other single-family residences in the neighborhood. 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 plans for the dwelling unit with an attached second unit together with the conditions of approval for the existing single-family residence will be consistent with the existing and anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. VARIANCE REVIEW 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 40% 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. The project applicant/architect has also requested the reduction of the rear yard setback from 25 feet to 12 feet, and that the Planning Commission approve 7 foot high retaining walls. b. Granting the 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 variance is sought. Many of the surrounding dwelling units were constructed in compliance with development standards that are no longer applicable in the City of Diamond Bar. The current more restrictive development standards significantly impact the design alternatives available to the project architect especially for sites having extreme slopes. In an effort to meet the setback requirements, the standard design solution would be to construct more terraced retaining walls and to import a significant amount of fill material in order to create a building pad with a level rear yard having a dimension of at least 25 feet. The construction of additional retaining walls is contrary to the City's design policy of preserving the natural topography and the 3 Planning Commission Resolution No. 2008-02 construction cost may reach a point of being economically prohibitive. The appearance of the numerous retaining walls is contrary to the City's design objectives. C. Granting the Variance is consistent with the General Plan and any applicable specific plan. The granting of the setback variance and the increase in the allowable height of retaining walls 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 substantially more 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 site. Granting the requested front and rear yard setbacks will result in the preservation of a substantial portion of the site in a natural condition. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planninq 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 minimum depth of the front yard setback shall be not less than 24 feet and the rear yard setback shall be not less than 12 feet as measured from the building to the edge of the building pad. (3) The proposed retaining walls shall be constructed of decorative masonry material or covered with a masonry veneer such as ledger type stone. The use of stucco over CMU block does not meet this design requirement. Design plans for the retaining walls shall be submitted to the Director for review and approval before the issuance of a grading or building permit. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 Planning Commission Resolution No. 2008-02 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 the applicant, S&W Development, 20272 Carrey Rd., Walnut, CA 91789 and Mr. & Mrs. Alex Prince, 160 S. Hudson Ave., #411, Pasadena, CA 91175. APPROVED AND ADOPTED THIS 8T" DAY OF JANUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. y Torng, Vice Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8t' day of January, 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Nolan, Lee, Shah, VC/Torng None Chair/Nelson None 5 Development Review No. 2006-29 III DIAi`IO�D BAR �I COMMUNITY •• DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2006-29 Variance No. 2007-07; and Minor Variance No. 2006-04 SUBJECT: Construction of a four-story dwelling unit containing 8,165 square feet to include an attached second dwelling and the reduction of the front and rear yard setbacks; and the construction of 7 foot high retaining walls PROPERTY Mr. & Mrs. Alex Prince OWNER: 160 S. Hudson Ave., # 411 Pasadena, CA 91175 APPLICANT: S&W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 1755 Derringer Lane, 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. 2006-29, Variance No. 2007-07 and Minor Variance No. 2006-06 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. 2008-02 (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. 2006-29, Variance No. 2007-07 and Minor Variance No. 2006-06 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. 2008-02, 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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 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. 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2008-02 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. 2006-29, Variance No. 2007-07 and Minor Variance No. 2006-06 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. 8 Planning Commission Resolution No. 2008-02 E. LANDSCAPE, PRESERVED AND PROTECTED TREES 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, walls 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 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 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. 9 Planning Commission Resolution No. 2008-02 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. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 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. OFF-SITE STREET IMPROVEMENTS (None required) E. UTILITIES (Not required) F. SEWERS/SEPTIC TANK The proposed plumbing fixtures shall be connected to the existing public sewer system. G. TRAFFIC MITIGATIONS (None required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Applicant must pay School fees prior to issuance of permit 2. 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. 3 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. 10 Planning Commission Resolution No. 2008-02 4. Please provide justification for third floor exit requirements (1/2 the diagonal distance between the two exits). If first level is a basement please provide code analysis and justification. 5. Separate permits are required for pool/spa, and retaining walls (Note on Plans). 6. 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 as required by State Law. 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. The project must be protected by a construction fence and shall comply with the NPDES 7 BMP requirements (sand bags, etc.) 9. Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% minimum slope. 10. Specify location of tempered glass as required by code. 11. Specify 1/4"/ft slope for all decks and balconies with approved water proofing material. Also, provide guardrail connection details/calc's (height, spacing, etc.) 12. Kitchen and bathroom lights shall be fluorescent. Also, provide adequate mechanical ventilation at water closet rooms. 13. Door between garage and the house shall be 1-3/8" solid core door self- closing. Walls and ceiling between living space and garage shall be 5/8" type "X". 14. Install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas. 15. All bedrooms shall comply with all rescue window requirements. 16. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 17. All balconies shall be designed for 601b. live load. 18. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 11 Planning Commission Resolution No. 2008-02 19. 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 Hazard Severity 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. 20�. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. End 12 Planning Commission Resolution No. 2008-02 4 PLANNING COMMISSION RESOLUTION NO. 2008-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-29, VARIANCE NO. 2007-07 AND MINOR VARIANCE NO. 2006-04 FOR THE REQUEST TO CONSTRUCT A NEW SPLIT LEVEL FOUR-STORY DWELLING UNIT WITH AN ATTACHED SECOND UNIT CONSISTING OF 8,165 SQUARE FEET AND THE REDUCTION OF THE REQUIRED FRONT YARD AND REAR YARD SETBACKS ON LOT 4 OF TRACT 24064, LOCATED AT 1755 DERRINGER LANE, APN 8713-003-004 A. RECITALS The Planning Commission considered applications filed by S&W Development on behalf of the property owners, Mr. and Mrs. Alex Prince, requesting approval of plans to construct a new split level four-story dwelling unit with an attached second unit consisting of 8,165 square feet with two attached 2 -car garages and a swimming pool and spa at 1755 Derringer Lane. The proposed project includes the reduction of the front yard and rear yard setbacks and the construction of seven (7) foot high retaining walls. 2. The subject property is zoned RR (R-1 40,000) and it contains 52,272 sq. ft. (1.2 acres) of land area. 3. The subject property is legally described as Lot 4, Tract 24064 and the Assessor Parcel Number is (APN) 8713-003-004. 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 January 8, 2008, 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: 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 with an attached second unit is consistent with the RR's zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent with the surrounding single-family dwelling units in terms of mass, scale and appearance. 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 neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed dwelling unit with an attached second dwelling as conditioned herein 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 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. 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. 2 Planning Commission Resolution No. 2008-02 The project's design and use of construction material are consistent with other single-family residences in the neighborhood. 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 plans for the dwelling unit with an attached second unit together with the conditions of approval for the existing single-family residence will be consistent with the existing and anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. VARIANCE REVIEW 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 40% 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. The project applicant/architect has also requested the reduction of the rear yard setback from 25 feet to 12 feet; and that the Planning Commission approve 7 foot high retaining walls. b. Granting the 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 variance is sought. Many of the surrounding dwelling units were constructed in compliance with development standards that are no longer applicable in the City of Diamond Bar. The current more restrictive development standards significantly impact the design alternatives available to the project architect especially for sites having extreme slopes. In an effort to meet the setback requirements, the standard design solution would be to construct more terraced retaining walls and to import a significant amount of fill material in order to create a building pad with a level rear yard having a dimension of at least 25 feet. The construction of additional retaining walls is contrary to the City's design policy of preserving the natural topography and the 3 Planning Commission Resolution No. 2008-02 construction cost may reach a point of being economically prohibitive. The appearance of the numerous retaining walls is contrary to the City's design objectives. c. Granting the Variance is consistent with the General Plan and any applicable specific plan. The granting of the setback variance and the increase in the allowable height of retaining walls 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 substantially more 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 site. Granting the requested front and rear yard setbacks will result in the preservation of a substantial portion of the site in a natural condition. 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 minimum depth of the front yard setback shall be not less than 24 feet and the rear yard setback shall be not less than 12 feet as measured from the building to the edge of the building pad. (3) The proposed retaining walls shall be constructed of decorative masonry material or covered with a masonry veneer such as ledger type stone. The use of stucco over CMU block does not meet this design requirement. Design plans for the retaining walls shall be submitted to the Director for review and approval before the issuance of a grading or building permit. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 Planning Commission Resolution No. 2008-02 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 the applicant, S&W Development, 20272 Carrey Rd., Walnut, CA 91789 and Mr. & Mrs. Alex Prince, 160 S. Hudson Ave., #411, Pasadena, CA 91175. APPROVED AND ADOPTED THIS 8T" DAY OF JANUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: -'IT-Offy-Torng, Vice Ch6irman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8—' day of January, 2008, by the following vote: AYES: COmmISSIOnerS: Nolan, Lee, Shah, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: chair/Nelson AEBSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 Development Review No. 2006-29 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2006-29 Variance No. 2007-07; and Minor Variance No. 2006-04 SUBJECT: Construction of a four-story dwelling unit containing 8,165 square feet to include an attached second dwelling and the reduction of the front and rear yard setbacks; and the construction of 7 foot high retaining walls PROPERTY Mr. & Mrs. Alex Prince OWNER: 160 S. Hudson Ave., # 411 Pasadena, CA 91175 APPLICANT: S&W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 1755 Derringer Lane, 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. 2006-29, Variance No. 2007-07 and Minor Variance No. 2006-06 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. 2008-02 (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. 2006-29, Variance No. 2007-07 and Minor Variance No. 2006-06 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. 2008-02, 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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 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. 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2008-02 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. 2006-29, Variance No. 2007-07 and Minor Variance No. 2006-06 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. 8 Planning Commission Resolution No. 2008-02 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, walls 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 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. 9 Planning Commission Resolution No. 2008-02 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 All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 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. OFF-SITE STREET IMPROVEMENTS (None required) E. UTILITIES (Not required) F. SEWERS/SEPTIC TANK 1. The proposed plumbing fixtures shall be connected to the existing public sewer system. G. TRAFFIC MITIGATIONS (None 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. 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. 3 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. 10 Planning Commission Resolution No. 2008-02 4. Please provide justification for third floor exit requirements (1/2 the diagonal distance between the two exits). If first level is a basement please provide code analysis and justification. 5. Separate permits are required for pool/spa, and retaining walls (Note on Plans). 6. 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 as required by State Law. 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. The project must be protected by a construction fence and shall comply with the NPDES 7 BMP requirements (sand bags, etc.) 9. Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% minimum slope. 10. Specify location of tempered glass as required by code. 11. Specify 1/4"/ft slope for all decks and balconies with approved water proofing material. Also, provide guardrail connection details/calc's (height, spacing, etc.) 12. Kitchen and bathroom lights shall be fluorescent. Also, provide adequate mechanical ventilation at water closet rooms. 13. Door between garage and the house shall be 1-3/8" solid core door self- closing. Walls and ceiling between living space and garage shall be 5/8" type „X„ 14. Install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas. 15. All bedrooms shall comply with all rescue window requirements. 16. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 17. All balconies shall be designed for 60Ib. live load. 18. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 11 Planning Commission Resolution No. 2008-02 19. 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 Hazard Severity 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. 201. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. End 12 Planning Commission Resolution No. 2008-02