HomeMy WebLinkAboutPC 2008-31PLANNING COMMISSION
RESOLUTION NO. 2008-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING
DEVELOPMENT REVIEW NO. 2008-16 FOR THE REQUEST TO
CONSTRUCT THREE NEW DECKS/BALCONIES TO THE REAR OF AN
EXISITNG SINGLE-FAMILY RESIDENCE LOCATED AT 2637 BLAZE TRAIL
(8713-028-027)
A. RECITALS
The Planning Commission considered an application filed by S&W
Development, on behalf of the property owners, Dipak and Harshila Doshi,
requesting approval of plans to construct a new three decks/balconies totaling
3,960 square feet to the rear of the existing single family residence at
2637 Blaze Trail.
2. The subject property is zoned R-1(20,000) and it contains 44,400 square feet
(1.02 acres) of gross land area. The property in question is subject to the Rural
Residential (RR) Development Code Standards.
3. The subject property is legally described as Lot 145, Tract 30578, and the
Assessor's Parcel Number is (APN) 871-028-027.
4. Public Hearing notification was published in the San Gabriel Valley Tribune and
the 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 the
notice was posted at three other locations within the project vicinity.
5. On October 14, 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, THE=REFORE, 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 finds that the project identified above in this
Resolution is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), under Article 19 Section 15301 Class 1.
Exemptions under Class 1 include the construction of additions to existing
facilities. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
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 deck/balcony addition is 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 dwelling
units.
b. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and it will not create traffic or pedestrian hazards.
The subject property is located within a designed and developed
residential estate neighborhood. The proposed additions will not
interfere with the use and enjoyment of neighboring development as the
addition will be constructed on an existing residence which has been a
part of the neighborhood since 1988.
C. The architectural design of the proposed development is compatible with
the characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
Chapter 22.48 Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
The design of the proposed deck and balconies are consistent with the
goals and objectives of the long-range planning policy documents
adopted by the City of Diamond Bar. The proposed project is an addition
to the rear of an existing single family residence, therefore, will not have
an impact on the neighborhood residential character.
d. The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
The additions design and use of construction material are consistent with
the existing materials of the residence and will be located on the rear of
the residence, therefore, will have no aesthetic impact on surrounding
properties.
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.
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Planning Commission Resolution No. 2008-31
The proposed addition is consistent with the anticipated development
pattern for the neighborhood and it will not negatively impact the public
health, safety or general welfare.
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
(2) The maximum exposed face of any retaining wall shall not exceed
four feet. The retaining walls shall be constructed of decorative
masonry material approved by the Director. All retaining walls
shall be screened with approved landscape material.
b. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the applicant, S&W Development, 20272 Carrey Road, Walnut, CA
91789 and the property owners Dipak and Harshila Doshi, 2637 Blaze
Trail, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 2008, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: _
Steve 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 14th day of October 2008, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
VC/TORNG, LEE, CHAIR/NELSON
NONE
NOLAN, SHAH
NONE
ATTEST:
Greg Gubman, Secretary
3
Development Review No. 2008-16
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I I I COMMUNITY DEVELOPMENT DEPARTMENT
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29,9
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT!- #: DR 2008-16
SUBJECT: Deck/Balcony Addition
PROPERTY Dipak and Harshila Doshi
OWNER: 2637 Blaze Trail
Diamond Bar, CA 91765
APPLICANT: S& W Development
20272 Carrey Road
Walnut, CA 91789
LOCATION: 2637 Blaze Trail, Diamond Bar, CA
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. 2008-16 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. 2008-31
(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. 2008-16, 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 individuals and businesses associated with this project shall obtain a Diamond
Bar Business License, and those businesses located in Diamond Bar shall obtain
zoning approval.
4. Signed copies of the Planning Commission Resolution No. 2008-31, 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 any use of the project site or business activity being commenced thereon,
all conditions of approval shall be completed.
6. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
7. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
8. Site, grading, roof plans, elevations and sections shall be coordinated for
consistency prior to issuance of City permits (such as grading, building, etc.,) or
approved use has commenced, whichever comes first.
9. Property owner/applicant shall remove the public hearing notice board within three
days of this project's approval.
10. The applicant shall comply with 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
5 Planning Commission Resolution No. 2008-31
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
The approval of Development Review No. 2008-16 shall expire within two years
from the date of approval if the use has not been exercised as defined per
Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing
a one year time extension subject to Municipal Code Section 22.60.050(c) for
Planning Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, collectively referenced herein as Exhibit "A" including:
site plans, floor plans, architectural elevations, exterior materials and colors and
grading on file in the Planning Division, the conditions contained herein,
Development Code regulations.
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
Prior to the issuance of City permits, the applicant shall submit revegetation
landscape and irrigation plans for slopes within the project site for Planning
Division review and approval. Said slope shall be landscaped at the completion
of grading activities. All slope planting, irrigation and revegetation areas shall
be continuously maintained in a healthy and thriving condition.
2. Prior to releasing occupancy, an inspection shall be conducted by the Planning
Division to determine that the slope vegetation is in satisfactory condition.
3. 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.
4. Retaining walls for the proposed deck shall not exceed an exposed height of
four (4) feet 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.)
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Planning Commission Resolution No. 2008-31
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
1. 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. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be submitted
by the applicant for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
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Planning Commission Resolution No. 2008-31
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 six 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. 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.
9. 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.
10. 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.
11. 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.
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Planning Commission Resolution No. 2008-31
D. OFF-SITE STREET IMPROVEMENTS (Not Required)
E. UTILITIES (Not Required)
F. SEWERS/SEPTIC TANK (Not Required)
G. TRAFFIC MITIGATIONS (Not Required)
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and the
2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. 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.
4. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
5. A height survey may be required at completion of framing.
6. 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)
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.
Walnut Valley School District
880 S. Lemon Avenue
Walnut, CA 91789
(909)595-1261
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Planning Commission Resolution No. 2008-31
Prior to Building Permit issuance, Pomona School District fees must be paid.
Please submit a full set of plans to the school district and pay appropriate fees.
Pomona School District
800 S. Garey Avenue
Pomona, CA 91766
7. Please submit a total of seven full set plans including the grading for review to
the Building & Safety Division after the plans have been approved by the
Planning Division/Commission.
8. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007
California Building Code.
9. All balconies shall be designed for 601b. live load.
10. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
11. Indicate all easements on the site plan.
12. 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.
13. All retaining walls shall be submitted to the Building & Safety and Public Works
Departments for review and approval.
14. Submit grading plans showing clearly all finished elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to submitting
a pad certification.
15. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
16. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
17. Specify location of tempered glass as required by code.
18. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
END
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Planning Commission Resolution No. 2008-31
PLANNING COMMISSION RESOLUTION NO. 2008-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING
DEVELOPMENT REVIEW NO. 2008-16 FOR THE REQUEST TO CONSTRUCT THREE NEW DECKS/BALCONIES TO THE REAR OF AN
EXISITNG SINGLE -FAMILY RESIDENCE LOCATED AT 2637 BLAZE TRAIL
(8713-028-027)
A. RECITALS
1. The Planning Commission considered an application filed by S&W Development, on behalf of the property owners, Dipak
and Harshila Doshi, requesting approval of plans to construct a new three decks/balconies totaling 3,960 square feet to the rear of
the existing single family residence at 2637 Blaze Trail.
2. The subject property is zoned R-1(20,000) and it contains 44,400 square feet (1.02 acres) of gross land area. The
property in question is subject to the Rural Residential (RR) Development Code Standards.
3. The subject property is legally described as Lot 145, Tract 30578, and the Assessor's Parcel Number is (APN) 871-028-
027.
4. Public Hearing notification was published in the San Gabriel Valley Tribune and the 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 the notice was posted at three other locations within the project
vicinity.
5. On October 14, 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 finds that the project identified above in this Resolution is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA), under Article 19 Section 15301 Class 1. Exemptions under Class 1
include the construction of additions to existing facilities. Furthermore, the categorical exemption reflects the independent judgment
of the City of Diamond Bar.
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 deck/balcony addition is 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 dwelling units.
b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing
or future development, and it will not create traffic or pedestrian hazards.
The subject property is located within a designed and developed residential estate neighborhood. The proposed additions will not
interfere with the use and enjoyment of neighboring development as the addition will be constructed on an existing residence which
has been a part of the neighborhood since 1988.
C. The architectural design of the proposed development is compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar
Development Code, the General Plan, City Design Guidelines, or any applicable specific plan.
The design of the proposed deck and balconies are consistent with the goals and objectives of the long-range planning policy
documents adopted by the City of Diamond Bar. The proposed project is an addition to the rear of an existing single family
residence, therefore, will not have an impact on the neighborhood residential character.
d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing.
The additions design and use of construction material are consistent with the existing materials of the residence and will be located
on the rear of the residence, therefore, will have no aesthetic impact on surrounding properties.
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.
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Planning Commission Resolution No. 2008-31
The proposed addition is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact
the public health, safety or general welfare.
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
(2) The maximum exposed face of any retaining wall shall not exceed four feet. The retaining walls shall be constructed of
decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material.
b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, S&W Development, 20272 Carrey
Road, Walnut, CA 91789 and the property owners Dipak and Harshila Doshi, 2637 Blaze Trail, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
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 14th day of October 2008, by the following vote:
AYES: Commissioners: VC/TORNG, LEE, CHAIR/NELSON
NOES: Commissioners: NONE
ABSENT: Commissioners: NOLAN, SHAH
ABSTAIN: Commissioners: NONE
ATTEST:
Greg Gubman, Secretary
3
Development Review No. 2008-16
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: DR 2008-16
SUBJECT: Deck/Balcony Addition
PROPERTY Dipak and Harshila Doshi
OWNER: 2637 Blaze Trail Diamond Bar, CA 91765
APPLICANT: S& W Development 20272 Carrey Road Walnut, CA 91789
LOCATION: 2637 Blaze Trail, Diamond Bar, CA
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. 2008-16 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. 2008-31
(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. 2008-16, 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.
All individuals and businesses associated with this project shall obtain a Diamond Bar Business License, and those businesses
located in Diamond Bar shall obtain zoning approval.
4. Signed copies of the Planning Commission Resolution No. 2008-31, 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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed.
6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other
applicable regulations.
7. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City
Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance.
8. Site, grading, roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as
grading, building, etc.,) or approved use has commenced, whichever comes first.
9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval.
10 The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and
the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works
Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes
first), as required by the City. School fees as required
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Planning Commission Resolution No. 2008-31
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. 2008-16 shall expire within two years from the date of approval if the use has not been
exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension
subject to Municipal Code Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved,
and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" including: site plans, floor plans,
architectural elevations, exterior materials and colors and grading on file in the Planning Division, the conditions contained herein,
Development Code regulations.
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
1. Prior to the issuance of City permits, the applicant shall submit revegetation landscape and irrigation plans for slopes
within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading
activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition.
2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope
vegetation is in satisfactory condition.
3. 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: wvvw.calipc.org.
4. Retaining walls for the proposed deck shall not exceed an exposed height of four (4) feet 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.)
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Planning Commission Resolution No. 2008-31
F. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or
implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to
construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits
from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses
affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
1. 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. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading
equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading
and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South
Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of
California, shall be submitted by the applicant for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil
Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval.
A list of requirements for grading plan check is available
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Planning Commission Resolution No. 2008-31
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 six 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. 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.
9. 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.
10. 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.
11. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to
the issuance of any project final inspections/certificate of occupancy respectively.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels, unless that is the natural drainage course.
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Planning Commission Resolution No. 2008-31
D. OFF-SITE STREET IMPROVEMENTS (Not Required)
E. UTILITIES (Not Required)
F. SEWERS/SEPTIC TANK (Not Required)
G. TRAFFIC MITIGATIONS (Not Required)
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code,
California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes,
ordinances and regulations in effect at the time of plan check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal
regulations have been met. The buildings shall be inspected for compliance prior to occupancy.
3. 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.
4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining
walls locations.
5. A height survey may be required at completion of framing.
6. 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)
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.
Walnut Valley School District 880 S. Lemon Avenue
Walnut, CA 91789
(909)595-1261
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Planning Commission Resolution No. 2008-31