HomeMy WebLinkAboutPC 2008-27A.
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PLANNING COMMISSION
RESOLUTION NO. 2008-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING
DEVELOPMENT REVIEW NO. 2007-40 AND MINOR CONDITIONAL
USE PERMIT NO. 2008-11 FOR THE REQUEST TO REMODEL AND EXPAND
AN EXISTING NONCONFORMING SINGLE -STORY, SINGLE-FAMILY
RESIDENCE ON LOT NO. 47 OF TRACT 30577, LOCATED AT 2366 CLEAR
CREEK LANE, (APN: 8713-040-021)
RECITALS
The Planning Commission considered an application filed by Mr. Pete Volbeda,
AIA, on behalf of the property owners, Dr. and Mrs. Lawrence Ogbechie,
requesting approval of plans to construct a 1,112 square foot four -car garage and
to add an additional 823 square feet of living area to an existing single -story,
single-family dwelling unit at 2366 Clear Creek Lane. The subject property is
nonconforming in that the existing front yard setback is less than 30 feet. The
applicant is requesting approval of a Minor Conditional Use Permit to expand the
size of the nonconforming structure.
2. The subject property is zoned RR (40,000) and it contains 51,836 gross square -
feet (1.19 acres) of land area. The property in question is subject to the Rural
Residential (RR) Development Standards.
3. The subject property is legally described as Lot 47, Tract 30577 and the
Assessor's Parcel Number is (APN) 8713-040-021.
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 September 23, 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.
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 with Sections 15301 (minor addition to existing
facilities), 15332 (In -fill development) 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 additions to the existing single -story, single-family residence,
are consistent with the RR Zone's Development Standards and the City's
Design Guidelines. In addition, the proposed project, with conditions of
approval, is consistent, in terms of mass, scale and appearance, with the
surrounding single-family dwellings.
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 I
estate neighborhood. Public and private improvements are available to
support the proposed project and the surrounding neighborhood. The
proposed additions to the existing single-family residence will not negatively
impact the existing or future development of the surrounding neighborhood.
C. The architectural design of the proposed development is compatible with
the characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by Chapter
22.48 Diamond Bar Development Code, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed additions to the existing single -story, single-family residence,
are consistent with the goals and objectives of the adopted General Plan.
The proposed project is compatible with the mass, scale and appearance of
the surrounding dwelling units. The proposed project includes the addition
of a 4 -car garage and minor additions to the existing habitable area and the
remodeling of the existing garage for habitable purposes. The facade
modifications will complement the neighborhood residential character.
d. The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its neighbors,
through good aesthetic use of materials, texture, and color that will remain
aesthetically appealing.
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Planning Commission Resolution No. 2008-27
The project's design and use of construction material are consistent with
other single-family residences in the surrounding 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 additions to the existing single -story, single-family residence
are consistent with the anticipated development pattern for the
neighborhood and will not negatively impact the public health, safety or
general welfare.
MINOR CONDITIONAL USE PERMIT
a. The proposed use is allowed within the subject zoning district with the
approval of a minor conditional use permit and complies with all other
applicable provision of this development code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RR 40,000
zone. The substandard front yard setback renders the project
nonconforming. The expansion of a nonconforming structure requires
approval of a Minor Conditional Use Permit. The proposed addition of a
1,112 square foot garage and the addition of 823 square feet of new
habitable area complies with the development standards of the RR 40,000
zone.
b. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed expansion of a single-family dwelling unit is consistent with
the City's adopted General Plan. The site is not subject to the provisions of
any specific plan.
C. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity;
The existing single-family dwelling unit and the proposed addition of a 4 -car
garage and 823 square feet of new living area is consistent with the
development standards for the site and the surrounding neighborhood.
d. The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
The subject 1.19 gross acre site is physically suitable for the existing single-
family residential estate type dwelling and the proposed expansion. The
existing and proposed use of land is consistent with the surrounding land
uses. The proposed addition of floor area is consistent with the
development standards for the RR 40,000 zone.
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Planning Commission Resolution No. 2008-27
e. Granting the minor conditional use permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property or improvements in the vicinity and zoning district in
which the property is located; and
The granting of the minor conditional use permit will allow the expansion of
the existing single-family dwelling unit to a size similar with existing dwelling
units located in the surrounding neighborhood. The proposed expansion of
the dwelling unit will not negatively impact the public interest, health, safety
convenience or welfare.
The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA).
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) Prior to the issuance of any building or grading permits, the required
landscape plan and tree removal permit application shall be
submitted to and approved by the Planning Division. The applicant
shall obtain a City issued Tree Removal Permit and shall prepare a
final landscape plan that provides for the replacement of the
removed protected tree and shall comply with the provisions of the
Los Angeles County Fire Department's Fuel Modification standards.
(3) The required landscape plan shall include the in-kind replacement of
the three Black Walnut trees. Nine (9) new 24 -inch box Black
Walnut trees shall be planted on site. In addition, six (6) 15 -gallon
replacement trees compatible with the Fuel Modification Plan shall
be planted on-site. The landscape plan shall delineate the location
of all trees that will be removed and the location of all new plant
material to include the location of the replacement trees.
(4) The project landscape plan shall avoid the use of invasive plant
material as identified by the California Invasive Plant Council. A
complete list of the plant material to be avoided can be found at the
following email address: www.cal-ipc.org
(5) The proposed 5 -car garage building elevation shall be revised to
provide walls of at least 2'-6" in width between all garage doors and
between the doors and the edge of the building.
b. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
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Planning Commission Resolution No. 2008-27
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, Mr. Pete Volbeda, AIA, 615 North Benson Avenue,
Unit "C", Upland, CA 91786 and the property owner Dr. and
Mrs. Lawrence Ogbechie, 2366 Clear Creek Lane, Diamond Bar, CA
91765.
APPROVED AND ADOPTED THIS 23`d DAY OF SEPTEMBER 2008, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
teve Nelson, Chairman
I, Greg Cubman, 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 23`d day of September 2008, by the following vote:
AYES: Commissioners: Lee, Nolan, Shah, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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Development Review No. 2007-40
I am 1 I , COMMUNITY DEVELOPMENT DEPARTMENT
i''vrux.rxnT�v
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT No: Development Review No. 2007-40 and
Minor Conditional Use Permit No. 2008-11
SUBJECT.: Addition of a 4 -car garage and 823 sq. ft. of living area and expansion
an existing nonconforming single-family residence
PROPERTY Dr. and Mrs. Lawrence Ogbechie
OWNER: 2366 Clear Creek Lane
Diamond Bar, CA 91765
APPLICANT: Mr. Pete Volbeda, AIA
615 North Benson Avenue, Unit "C"
Upland, CA 91786
LOCATION: 2366 Clear Creek Lane, Diamond Bar, CA 91765
ALL OF TIyE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b)(1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. 2007-40 and Minor Conditional
Use Permit No. 2008-11 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
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Planning Commission Resolution No. 2008-27
(b) Applicant shall promptly pay any final judgment rendered against the City
descendents. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner
of the property involved have filed, within twenty-one (21) days of approval of this
Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11
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 applicant pays
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 License, and zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2008-27, Standard
Conditions, and all environmental mitigations shall be included on the plans. The
sheet(s) are for information only to all parties involved in the construction/grading
activities and are not required to be wet sealed/stamped by a licensed
Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating all
Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced thereon,
all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be
coordinated for consistency prior to issuance of City permits (such as grading, tree
removal, encroachment, building, etc.,) or approved use has commenced,
whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board within three
days of this project's approval.
11. The applicant shall comply with requirements of City Planning, Building and Safety
Divisions, Public Works Division, and the Fire Department.
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Planning Commission Resolution No. 2008-27
B.
C
E
FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Division 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.
TIME LIMITS
The approval of Development Review No. 2007-40 and Minor Conditional Use
Permit No. 2008-11 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.
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.
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.
Planning Commission Resolution No. 2008-27
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.
3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy
issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant
material or fencing proposed in the front setback shall not exceed 42 inches
maximum height.
4. Prior to releasing occupancy, an inspection shall be conducted by the Planning
Division to determine that any and all slope vegetation is in satisfactory condition.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during and
after the construction, addition, or implementation of the entitlement approved
herein. The removal of all trash, debris, and refuse, whether during or subsequent
to construction shall be done only by the property owner, applicant or by a duly
permitted waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It shall be the applicant's
obligation to insure that the waste contractor used has obtained permits from the
City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised
waste hauler to all parcels/lots or uses affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted 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.
2. 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. This project falls under the Redevelopment Category.
3. Grading .and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated
by grading and construction activities shall be reduced by watering the soil prior to
and during the activities and in accordance with South Coast Air Quality
Management District Rule 402 and Rule 403. Reclaimed water shall be used
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Planning Commission Resolution No. 2008-27
whenever possible. Additionally, all construction equipment shall be properly
muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical
Engineer, licensed by the State of California, shall be submitted by the applicant
for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit drainage and
grading plans prepared by a Civil Engineer, licensed by the State of California,
prepared in accordance with the City's requirements for the City's review and
approval. A list of requirements for grading plan check is available from the Public
Works Department, All grading (cut and fill) calculations shall be submitted to the
City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the grading
plan.
5. The grading plan shall show the location of any retaining walls and the elevations
of the top of wall/footing/retaining and the finished grade on both sides of the
retaining wall. Construction details for retaining walls shall be shown on the
grading plan. Calculations and details of retaining walls shall be submitted to the
Building and Safety Division for review and approval.
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. A permanent irrigation
system shall be installed.
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Planning Commission Resolution No. 2008-27
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. As
Graded geotechnical report shall be submitted for review and approval by Public
Works Engineering Department prior to release of Building Permits.
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.
D OFF-SITE STREET IMPROVEMENTS (Not required)
E. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
F. SEWERS/SEPTIC TANK
1. Applicant shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
2. Any homeowner that installs a new septic tank system, repairs an 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 NOI and check to the City. This is required prior to
release of any grading permits. Please refer to City handouts.
3. Separate permit from the Building & Safety Division is required prior to the
installation of the septic tank.
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Planning Commission Resolution No. 2008-27
G. TRAFFIC MITIGATIONS (Not required)
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., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and the
California Electrical Code) requirements and all other applicable 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. 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.
5. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the
site is within seismic zone four (4). The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
6. This project shall comply with the energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be fluorescent or
controlled by a manual-on/auto off, occupant sensor.
7. In order to accurately monitor and report all construction and debris generation
and diversion activities, all materials must both be hauled and processed by a city
franchised contractor or by a licensed demolition contractor subject to compliance
with specific permitting and reporting requirements. Southern California Air
Quality Management District (SCAQMD) approval/clearance will be required prior
to the issuance of a demolition permit. Please contact SCAQMD at (909) 367-
2327.
8. Specify 5/8" type X between the garage and the house. Specify 1-3/8 solid core
self-closing door between the house and garage.
9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
10. Prior to Building permit issuance, Walnut Valley School District fees must be paid.
Please obtain a form from the Building and Safety Division to take directly to the
school district.
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Planning Commission Resolution No. 2008-27
Walnut Valley School District
880 S Lemon Ave
Walnut, CA 91789
(909) 595-1261
11. Indicate the proposed building on the plans. Submit code analysis and justification
showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Each group occupancy
e. Property line location in relation to each building (side yard)
12. Please submit a total of five (5) full scale plans to the Building and Safety Division
after the Planning Commission has reviewed and approved the proposed project.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007
California Building Code.
14. To eliminate safety hazards on existing pools and spas, Health and Safety Code
115928(d) requires installation of anti -entrapment cover whenever a building
permit is issued for all remodeling or modification at a single-family home.
15. Indicate all easements on the site plan.
16. 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.
17. All balconies shall be designed for 60 Ib. live load.
18. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail.
19. Include grading plans with construction plans showing clearly all finish elevations,
drainage, and retaining wall locations. No building permits shall be issued prior to
submitting a pad certification. Engineering Department will require separate
submittal.
20. The project shall be protected by a construction fence and shall comply with the
NPDES and BMP requirements (sand bags, etc.)
21. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
22. Specify location of tempered glass as required by code.
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Planning Commission Resolution No. 2008-27
G. TRAFFIC MITIGATIONS (Not required)
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., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and the
California Electrical Code) requirements and all other applicable 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. 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.
5. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the
site is within seismic zone four (4). The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
6. This project shall comply with the energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be fluorescent or
controlled by a manual-on/auto off, occupant sensor.
7. In order to accurately monitor and report all construction and debris generation
and diversion activities, all materials must both be hauled and processed by a city
franchised contractor or by a licensed demolition contractor subject to compliance
with specific permitting and reporting requirements. Southern California Air
Quality Management District (SCAQMD) approval/clearance will be required prior
to the issuance of a demolition permit. Please contact SCAQMD at (909) 367-
2327.
8. Specify 5/8" type X between the garage and the house. Specify 1-3/8 solid core
self-closing door between the house and garage.
9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
10. Prior to Building permit issuance, Walnut Valley School District fees must be paid.
Please obtain a form from the Building and Safety Division to take directly to the
school district.
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Planning Commission Resolution No. 2008-27
Walnut Valley School District
880 S Lemon Ave
Walnut, CA 91789
(909) 595-1261
11. Indicate the proposed building on the plans. Submit code analysis and justification
showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Each group occupancy
e. Property line location in relation to each building (side yard)
12. Please submit a total of five (5) full scale plans to the Building and Safety Division
after the Planning Commission has reviewed and approved the proposed project.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007
California Building Code.
14. To eliminate safety hazards on existing pools and spas, Health and Safety Code
115928(d) requires installation of anti -entrapment cover whenever a building
permit is issued for all remodeling or modification at a single-family home.
15. Indicate all easements on the site plan.
16. 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.
17. All balconies shall be designed for 60 Ib. live load.
18. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail.
19. Include grading plans with construction plans showing clearly all finish elevations,
drainage, and retaining wall locations. No building permits shall be issued prior to
submitting a pad certification. Engineering Department will require separate
submittal.
20. The project shall be protected by a construction fence and shall comply with the
NPDES and BMP requirements (sand bags, etc.)
21. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
22. Specify location of tempered glass as required by code.
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Planning Commission Resolution No. 2008-27
23. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:'
1. Fire Department approval shall be required. Contact the Fire Department to check
the fire zone for the location of your property. If this project is located in High
Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or more
than 1/2 inch in any dimension except where such openings are equipped
with sash or door.
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.
I4TI
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Planning Commission Resolution No. 2008-27
PLANNING COMMISSION RESOLUTION NO. 2008-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING
DEVELOPMENT REVIEW NO. 2007-40 AND MINOR CONDITIONAL USE PERMIT NO. 2008-11 FOR THE REQUEST TO REMODEL AND
EXPAND AN EXISTING NONCONFORMING SINGLE -STORY, SINGLE-FAMILY RESIDENCE ON LOT NO. 47 OF TRACT 30577,
LOCATED AT 2366 CLEAR CREEEK LANE, (APN: 8713-040-021)
A. RECITALS
1. The Planning Commission considered an application filed by Mr. Pete Volbeda, AIA, on behalf of the property owners, Dr.
and Mrs. Lawrence Ogbechie, requesting approval of plans to construct a 1,112 square foot four -car garage and to add an
additional 823 square feet of living area to an existing single -story, single-fannily dwelling unit at 2366 Clear Creek Lane. The
subject property is nonconforming in that the existing front yard setback is less than 30 feet. The applicant is requesting approval of
a Minor Conditional Use Permit to expand the size of the nonconforming structure.
2. The subject property is zoned RR (40,000) and it contains 51,836 gross squarefeet (1.19 acres) of land area. The
property in question is subject to the Rural Residential (RR) Development Standards.
3. The subject property is legally described as Lot 47, Tract 30577 and the Assessor's Parcel Number is (APN) 8713-040-021.
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 September 23, 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 with Sections 15301 (minor addition to existing facilities),
15332 (In -fill development) 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 Commissign 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 additions to the existing single -story, single-family residence, are consistent with the RR Zone's Development
Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent, in terms of
mass, scale and appearance, with the surrounding single-family dwellings.
b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing
or future development, and it will not create traffic or pedestrian hazards.
The subject property is located within a designed and developed residential estate neighborhood. Public and private improvements
are available to support the proposed project and the surrounding neighborhood. The proposed additions to the existing single-
family residence will not negatively impact the existing or future development of the surrounding neighborhood.
C. The architectural design of the proposed development is compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar
Development Code, the General Plan, City Design Guidelines, or any applicable specific plan.
The proposed additions to the existing single -story, single-family residence, are consistent with the goals and objectives of the
adopted General Plan. The proposed project is compatible with the mass, scale and appearance of the surrounding dwelling units.
The proposed project includes the addition of a 4 -car garage and minor additions to the existing habitable area and the remodeling
of the existing garage for habitable purposes. The facade modifications will complement the neighborhood residential character.
d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing.
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Planning Commission Resolution No. 2008-27
The project's design and use of construction material are consistent with other single-family residences in the surrounding
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 additions to the existing single -story, single-family residence are consistent with the anticipated development pattern
for the neighborhood and will not negatively impact the public health, safety or general welfare.
MINOR CONDITIONAL USE PERMIT
a. The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and
complies with all other applicable provision of this development code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RR 40,000 zone. The substandard front yard setback renders the
project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The
proposed addition of a 1,112 square foot garage and the addition of 823 square feet of new habitable area complies with the
development standards of the RR 40,000 zone.
b. The proposed use is consistent with the general plan and any applicable specific plan;
The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to
the provisions of any specific plan.
C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future
land uses in the vicinity;
The existing single-family dwelling unit and the proposed addition of a 4 -car garage and 823 square feet of new living area is
consistent with the development standards for the site and the surrounding neighborhood.
d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision
of utilities, compatibility with adjoining land uses, and the absence of physical constraints;
The subject 1.19 gross acre site is physically suitable for the existing singlefamily residential estate type dwelling and the proposed
expansion. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area
is consistent with the development standards for the RR 40,000 zone.
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Planning Commission Resolution No. 2008-27
e. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or
materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and
The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit to a size similar
with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not
negatively impact the public interest, health, safety convenience or welfare.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA).
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) Prior to the issuance of any building or grading permits, the required landscape plan and tree removal permit application
shall be submitted to and approved by the Planning Division. The applicant shall obtain a City issued Tree Removal Permit and shall
prepare a final landscape plan that provides for the replacement of the removed protected tree and shall comply with the provisions
of the Los Angeles County Fire Department's Fuel Modification standards.
(3) The required landscape plan shall include the in-kind replacement of the three Black Walnut trees. Nine (9) new 24 -inch
box Black Walnut trees shall be planted on site. In addition, six (6) 15 -gallon replacement trees compatible with the Fuel
Modification Plan shall be planted on-site. The landscape plan shall delineate the location of all trees that will be removed and the
location of all new plant material to include the location of the replacement trees.
(4) The project landscape plan shall avoid the use of invasive plant
material as identified by the California Invasive Plant Council. A
complete list of the plant material to be avoided can be found at the
following email address: www.cal-ipc.orq
(5) The proposed 5 -car garage building elevation shall be revised to provide walls of at least 2'-6" in width between all
garage doors and between the doors and the edge of the building.
b. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
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Planning Commission Resolution No. 2008-27
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, Mr. Pete Volbeda, AIA, 615 North
Benson Avenue, Unit "C", Upland, CA 91786 and the property owner Dr. and Mrs. Lawrence Ogbechie, 2366 Clear Creek Lane,
Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR.
By:
teve Nelson, 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 23rd day of September 2008, by the following vote:
AYES: Commissioners: Lee, Nolan, Shah, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: None ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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Development Review No. 2007-40
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT No: Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11
SUBJECT: Addition of a 4 -car garage and 823 sq. ft. of living area and expansion
an existing nonconforming single-family residence
PROPERTY Dr. and Mrs. Lawrence Oqbechie
OWNER: 2366 Clear Creek Lane Diamond Bar, CA 91765
APPLICANT: Mr. Pete Volbeda, AIA
615 North Benson Avenue, Unit "C" Upland, CA 91786
LOCATION: 2366 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
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of
Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such
action:
(a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
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Planning Commission Resolution No. 2008-27
(b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall pronnptly notify the
applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed,
within twenty-one (21) days of approval of this Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 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 applicant pays 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
License, and zoning approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2008-27, Standard Conditions, and all environmental
mitigations shall be included on the plans. The sheet(s) are for information only to all parties involved in the construction/grading
activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Division review and approval.
6. Prior to any use of the project site or business activity being connmenced thereon, all conditions of approval shall be
completed.
7 The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other
applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City
Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to
issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever
comes first.
10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval.
11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Division, and
the Fire Department.
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Planning Commission Resolution No. 2008-27