HomeMy WebLinkAboutPC 2008-21PLANNING COMMISSION
RESOLUTION NO. 2008-21
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. 2008-09 AND TREE PERMIT NO. 2008-02, TO CONSTRUCT A NEW
4,754 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE WITH AN
ATTACHED 770 SQUARE -FOOT THREE -CAR GARAGE ON A 54,014
SQUARE FOOT (1.24 ACRE) LOT, LOCATED AT 2738 CLEAR CREEK
LANE (APN: 8713-039-002, LOT 02, TRACT NO. 30577), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
1. Property owner, Ashley Tran, and applicant, PK Development, have filed an
application for Development Review No. 2008-09, and Tree Permit
No. 2008-02, for property located at 2738 Clear Creek Lane, 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 property owners within a 500 -foot
radius of the project site. Notification of the public hearing forthis 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 June 10, 2008, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15303 (a) 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 wildlife resources orthe 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 2738 Clear Creek Lane (Lot 2 of
Tract 30577), 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-1-40,000) 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 out of city limits; to the
south is the Firestone Boy Scout Reservation; 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 4,754 square -
foot, single-family residence with an attached 770 square -foot three -
car garage on an existing 54,010 square -foot (1.24 acre) lot.
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
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. 30577, Lot 02 (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
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Planning Commission Resolution No. 2008-21
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 4,754 square -foot, single-
family residence with an attached 770 square -foot three -car garage.
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 (Mediterranean), architectural style, colors and
material will match other existing 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 (t), 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 4,754 square -foot, single-family
residence with an attached 770 square -foot three -car garage
established in the surrounding community and also 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 Mediterranean
design. The compatibility of the proposed project with the
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Planning Commission Resolution No. 2008-21
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 not an 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 (f), (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
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);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15303 (a), 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.
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:
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Planning Commission Resolution No. 2008-21
a. Planning Division
(1) The project shall substantially conform to site plan, floor plans,
roof plan, elevations, and sections collectively labeled as
Exhibit "A" dated June 10, 2008, as submitted and approved
by the Planning Commission, and as amended herein;
(2) Prior to plan check approval, the applicant shall make the
following revisions to the architectural elevations to the
satisfaction of the Director:
Front (West) Elevation
o Adjust the vertical proportions at the entry
o Address the incomplete -appearing window surrounds at
Bedroom #1 and the garage (located at the left and right sides
of the first floor, respectively)
o Revise the awkward wall recess. and column treatment at
Bedroom #1 and #2
o Replace the three -over -one window grids at Bedroom #2 with
full grids to match the rest of the windows.
• Right (South) Elevation- Add grids to the windows.
(3) Priorto grading or building permit issuance, the applicant shall
submit an updated arborist report providing mitigations and/or
mitigations for the protections and preservation of the one oak
tree;
(4) The applicant shall place a chain link fence with a minimum
height of five feet at least five feet outside the drip line of the
oak tree to be protected and preserved prior to
commencement of work;
(5) The maximum exposed face of any retaining wall shall not
exceed six feet in height. The walls shall be constructed of
decorative masonry materials approved by the Director. All
retaining walls shall be screened with approved landscape
materials;
(6) The property owner shall execute and record a Covenant and
Agreement to maintain a single-family residence.
b. PUBLIC WORKS DIVISION
(1) The Drainage Plan shall be prepared by a Civil Engineer,
licensed in the State of California, in accordance with the City's
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Planning Commission Resolution No. 2008-21
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 retaining walls. Additionally, surface
water shall drain away from the building at a 2% minimum
slope;
(2) 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;
(3) 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;
C. BUILDING AND SAFETY
(1) Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(2) 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;
(3) Prior to the issuance of any City permits retaining wall
calculations shall be submitted to the Building and Safety
Division for review and approval;
d. STANDARD CONDITIONS
(1) The applicant shall comply with the standard development
conditions attached hereto;
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Planning Commission Resolution No. 2008-21
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: Ashley Tran, 8940 Deira Lane, Anaheim, CA 92804 and P.K.
Development, Attention: Paul Kaitz, 2739 Steeplechase Lane,
Diamond Bar, CA 91765
APPROVED AND ADOPTED THIS 10th OF JUNE 2008, BY THE
PLANNING 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 10th
day of June 2008, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSTAIN: Commissioners
ABSENT: Commissioners:
ATTEST:
Lee, Shah, Nolan, Chair/Nelson
None
VC/Torng
Nnno
FA
Development Review No. 2008-09
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No 2008-09 and Tree Permit No.
2008-02
SUBJECT: New two-story Single Family Residence
PROPERTY OWNER: Ashley Tran
APPLICANT: Paul Kaitz
LOCATION: 2738 Clear Creek 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. 2008-09 and Tree
Permit No. 2008-02 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
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Planning Commission Resolution No. 2008-21
(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. 2008-09 and Tree Permit
No. 2008-02, 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. 2008-21,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. 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.
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Planning Commission Resolution No. 2008-21
10. The single family residence shall not be used in a manner that creates
adverse effects upon the neighborhood and environmental setting of the
residential site to levels of dust, glare/light, noise, odor, traffic, or other
disturbances to the existing residential neighborhood and shall not result in
significantly adverse effects on public services and resources. The single
family residence shall not be used for commercial/institutional purposes, or
otherwise used as a separate dwelling. The property shall not be used for
regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
11. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever 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. 2008-09 and Tree Permit
No. 2008-02 shall expire within two years from the date of approval if the use
has not been exercised as defined per Municipal Code Section 22.66.050
(b)(1). The applicant may request in writing a one yeartime extension subject
to Municipal Code Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively attached hereto as
Exhibit "A" including: site plans, floor plans, architectural elevations,
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Planning Commission Resolution No. 2008-21
landscaping, and grading 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.
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 forthe 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 proposed in the front setback shall not exceed a
42 inches maximum height.
4. Prior to releasing occupancy, an inspection shall be conducted by the
Planning Division to determine that the slope vegetation is in satisfactory
condition.
5. Retaining walls shall not exceed an exposed height of 42 inches as
delineated in Exhibit "A". All retaining walls shall be earth tone in color and
constructed from decorative material (i.e., split face, stack stone, etc.)
Retaining walls or fences located within the front yard setback shall not
exceed an exposed height of 42 inches.
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.
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Planning Commission Resolution No. 2008-21
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
Applicant shall follow special requirements as required by the City Engineer
for construction in a Restricted Use Area. No portion of the habitable
structure shall be located in the Restricted Use Area and a Covenant and
Agreement to construct in a Restricted Use Area shall be recorded and
returned to the City prior to the issuance of any grading or retaining wall
permits.
2. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
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.
3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Please refer
to City handouts.
4. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
Prior to grading plan submittal, a geotechnical 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.
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Planning Commission Resolution No. 2008-21
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
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. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
11. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
12. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
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Planning Commission Resolution No. 2008-21
13. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
C. DRAINAGE
Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
D. OFF-SITE STREET IMPROVEMENTS (Insert as required)
Prior to the issuance of any permits, the applicant shall provide written
permission to the satisfaction of the City from any property owners which will
be affected by offsite grading.
E. SEWERS/SEPTIC TANK
Any homeowner that installs a new septic tank system, repairs and existing
septic tank or adds any plumbing fixture units or bedroom equivalents to the
facility served by an existing septic system will need to submit a Notice of
Intent (NOI) to the Regional Water Quality Control Board for Waste
Discharge Requirements and submit a copy of the sent NO[ and check to the
City. Please refer to City handouts.
2. SEPTIC TANK: The Applicant shall show septic tanks location, size and
details on the plans. The Los Angeles County Health Department, California
Water Control Board and the City's Geotechnical Engineer shall approve
these plans prior to the issuance of any permits. The property owner shall
be required to sign and record the City's Covenant for use of a septic
system.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
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Planning Commission Resolution No. 2008-21
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Application for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the
Building Department.
3. Every permit issued by the Building Department shall expire if the building or
work authorized by such permit is not commenced within 180 days from the
date of such permit.
4. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent or controlled by a manual-on/off, occupant sensor.
6. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
7. Specify 5/8" type X between the garage ceiling and the livable space above.
Specify 1-3/8 solid core self closing door between the house and garage.
8. A height survey may be required at completion of framing.
9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
10. 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
G. Type of construction
d. Each group occupancy
e. Property line location in relation to each building (side yard)
Prior to Building permit issuance, Walnut Valley School District fees must be
paid. Please obtain a form from the Building & Safety Division to take directly
to the school district.
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Planning Commission Resolution No. 2008-21
Walnut Valley School District
880 S. Lemon Ave
Walnut, CA 91786
(909) 595-1261
11. Please submit a total of 5 full set of plans including the grading for review to
the Building & Safety Division after the plans have been approved by the
Planning Division/Commission.
12. All balconies shall be designed for 1001b. live load.
13. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
14. Indicate all easements on the site plan.
15. Foundation systems on expansive soil shall be constructed in a manner that
minimizes damage to the structure from movement of the soil. Depth of
foundation below the natural and finish grade shall be not less than 24
inches for exterior and 18 inches for interior foundations.
16. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
17. Submit grading plans showing clearly all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
18. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
19. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
20. Specify location of tempered glass as required by code.
21. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
22. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
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Planning Commission Resolution No. 2008-21
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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'/4 inch or more
than 1/2 inch in any dimension except where such openings are equipped
with sash or door.
2. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during construction in accordance with Fire Department
requirements.
3. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
4. All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained
serviceable throughout construction.
END
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Planning Commission Resolution No. 2008-21
PLANNING COMMISSION RESOLUTION NO. 2008-21
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. 2008-09 AND TREE PERMIT NO. 2008-02, TO CONSTRUCT A NEW 4,754 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE
WITH AN ATTACHED 770 SQUARE -FOOT THREE -CAR GARAGE ON A 54,014 SQUARE FOOT (1.24 ACRE) LOT, LOCATED AT 2738
CLEAR CREEK LANE (APN: 8713-039-002, LOT 02, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA.
A. RECITALS
. Property owner, Ashley Tran, and applicant, PK Development, have filed an application for Development Review No. 2008-09, and
Tree Permit No. 2008-02, for property located at 2738 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter
in this Resolution, the subject Development Review shall be referred to as the "Application."
Public hearing notices were mailed to 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 June 10, 2008, 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
pursuant to Section 15303 (a) 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 wildlife 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 2738 Clear Creek Lane (Lot 2 of Tract 30577), 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-1-40,000) 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 out of
city limits; to the south is the Firestone Boy Scout Reservation; 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 4,754 squarefoot, single-family residence with an attached 770
square -foot threecar garage on an existing 54,010 square -foot (1.24 acre) lot.
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 Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special
areas (e.g., theme areas, specific plans, comnnunity plans, boulevards or planned developments);
On July 25, 1995, the City adopted its General Plan. Although Tract No. 30577, Lot 02 (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
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Planning Commission Resolution No. 2008-21
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 4,754 square -foot, singlefamily residence with an attached 770 square -foot three -car
garage. 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 (Mediterranean), architectural
style, colors and material will match other existing 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 (t), 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 4,754 square -foot, single-family residence with an attached 770 square -foot three -car garage
established in the surrounding community and also 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 Mediterranean design. The compatibility of the proposed project with the
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Planning Commission Resolution No. 2008-21
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 not an 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 ( f), (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 co/or and texture and a low level of maintenance.
0) 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 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);
Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (a), 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.
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:
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Planning Commission Resolution No. 2008-21
a. Planning Division
(1) The project shall substantially conform to site plan, floor plans, roof plan, elevations, and sections collectively labeled as
Exhibit "A" dated June 10, 2008, as submitted and approved by the Planning Commission, and as amended herein;
(2) Prior to plan check approval, the applicant shall make the following revisions to the architectural elevations to the
satisfaction of the Director:
• Front (West) Elevation
0 Adjust the vertical proportions at the entry
0 Address the incomplete -appearing window surrounds at Bedroom # 1 and the garage (located at the left and right sides of
the first floor, respectively)
0 Revise the awkward wall recess and column treatment at Bedroom # 1 and #2
0 Replace the three -over -one window grids at Bedroom #2 with full grids to match the rest of the windows.
^ Right (South) Elevation- Add grids to the windows.
(3) Prior to grading or building permit issuance, the applicant shall submit an updated arborist report providing mitigations
and/or mitigations for the protections and preservation of the one oak tree;
(4) The applicant shall place a chain link fence with a minimum height of five feet at least five feet outside the drip line of the
oak tree to be protected and preserved prior to commencement of work;
(5) The maximum exposed face of any retaining wall shall not exceed six feet in height. The walls shall be constructed of
decorative masonry materials approved by the Director. All retaining walls shall be screened with approved landscape materials;
(6) The property owner shall execute and record a Covenant and Agreement to maintain a single-family residence.
b. PUBLIC WORKS DIVISION
(1) The Drainage Plan shall be prepared by a Civil Engineer,
licensed in the State of California, in accordance with the City's
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Planning Commission Resolution No. 2008-21