HomeMy WebLinkAboutPC 2009-11PLANNING COMMISSION
RESOLUTION NO. 2009-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. 2008-20 FOR THE REQUEST TO CONSTRUCT A TWO-STORY
ADDITITION TO AN EXISTING SINGLE-FAMILY RESIDENCE ON LOT
NO. 55 OF TRACT 30578 LOCATED AT 2677 WAGON TRAIN LANE,
DIAMOND BAR, CA (APN 8713-012-018)
A. RECITALS
The Planning Commission considered an application filed by Total
Engineering Solutions, on behalf of the property owners, Maria and Jorge
Navarro, requesting approval of plans to construct an 851 square -foot
first -floor addition and a 1,087 square -foot second -floor addition to the
front of an existing 8,936 square -foot single family residence. The location
of the proposed project is 2677 Wagon Train Lane.
2. The subject property is zoned Rural Residential (RR) and it contains
43,797 square feet 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 55 of Tract No. 30578 and
the Assessor's Parcel Number is (APN) 8713-012-018.
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 June 23, 2009, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 under Section 15301(e) of the CEQA Guidelines (addition to an
existing structure of less than 10,000 square feet). No further
environmental review is required.
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 addition to an existing single-family residence 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 existing public and private
improvements are available to support the proposed development
and the surrounding neighborhood. The proposed addition 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 of the Diamond Bar
Development Code, the General Plan, City Design Guidelines, or
any applicable specific plan.
The design of the proposed single-family residence is consistent
with the goals and objectives of the long-range planning policy
documents adopted by the City of Diamond Bar, The proposed
project is compatible with the scope, scale and appearance of the
surrounding existing development. The proposed project is an infill
development that will complement the neighborhood residential
character.
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Planning Commission Resolution No. 2009-11
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 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 single-family residence 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 hearing.
(2) The project landscape plan shall avoid the use of invasive
plant materials as identified by the California Invasive Plant
Council. A complete list of the plant material to be avoided
can be found at the following web address: www.calipc.org.
(3) Prior to submittal of plans for Building Division plan check all
retaining walls associated with the lot pad shall be revised so
that the exposed height does not exceed four feet.
(4) The maximum exposed face of any freestanding retaining
wall not associated with the lot pad shall be limited to six feet
in height. 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.
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Development Review No. 2008-20
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, Yasser Salem, Total Engineering Solutions,
24000 Alicia Parkway Suite 12 #284 Newport Beach, CA 92660
and property owners Maria and Jorge Navarro, 2677 Wagon Train
Lane, Diamond Bar CA 91765.
APPROVED AND ADOPTED THIS 23rd DAY OF June 2009, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
To orng, ChairmEK
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 June, 2009, by the following vote:
AYES: Commissioners: shah, Nolan, Lee, Chair/Torng
NOES: Commissioners: None
ABSENT: Commissioners: Nelson.
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
4
Development Review No. 2008-20
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: DR 2008-20
SUBJECT: 1,938 Square -Foot Two -Story Addition to an Existing Single Family
Residence
PROPERTY Maria and Jorge Navarro
OWNER: 2677 Wagon Train Lane
Diamond Bar, CA 91765
APPLICANT: Yasser Salem, Total Engineering Solutions
24000 Alicia Parkway Suite 17 #384
Newport Beach, CA 92660
LOCATION: 2677 Wagon Train Lane, 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. 2008-20 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)
ction:
(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 2009-11
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. 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. 2008-20, at the City of Diamond Bar Community
Development Department, their affidavit stating that they are aware of and agree
to accept all the conditions of this approval. Further, this approval shall not be
effective until the applicants pay remaining City processing fees, school fees and
fees for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License; and a zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2009-11, Standard
Conditions, and all environmental mitigations shall be included on the plans (full
size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped by
a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall
be coordinated for consistency prior to issuance of City permits (such as grading,
tree removal, encroachment, building, etc.,) or approved use has commenced,
whichever comes first.
10. The single family residence shall not be used in a manner that creates adverse
effects upon the neighborhood and environmental setting of the residential site to
levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing
residential neighborhood and shall not result in significantly adverse effects on'
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Planning Commission Resolution No 2009-11
public services and resources. The single family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate dwelling.
The property shall not be used for regular gatherings which result in a nuisance
or which create traffic and parking problems in the neighborhood.
11. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever came 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.2008-20 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, including: site plans, floor plans, architectural elevations,
exterior materials and colors, landscaping, and grading on file in the Planning
Division, the conditions contained herein, Development Code regulations.
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
Prior to issuance of any permits, detailed landscape and irrigation plans shall be
submitted to the Planning Division for review and approval.
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Planning Commission Resolution No. 2009-11
2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted
with the type of planting materials, color, size, quantity and location including
proposed sites for the planting of protected/preserved trees and additional
species to mask the retaining wall height.
3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy
issuance, the landscaping/irrigation shall be installed or replaced. Any dense
plant material proposed in the front setback shall not exceed a 42 inches
maximum height.
4. 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 slopes 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.
5. Prior to releasing occupancy, an inspection shall be conducted by the Planning
Division to determine that the slope vegetation is in satisfactory condition.
6. Retaining walls shall not exceed an exposed height of six (6) feet as delineated
on the development plans. All retaining walls shall be earth tone in color and
constructed from decorative material (i.e., split face, stacked stone, etc.)
Retaining walls or fences located within the front yard setback shall not exceed
an exposed height of 42 inches.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant or
by a duly permitted waste contractor, who has been authorized by the City to
provide collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has obtained
permits from the City of Diamond Bar to provide such services.
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.
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Planning Commission Resolution No. 2009-11
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. For construction activity which disturbs one
acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be
needed. Please refer to City handouts.
2. 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
The applicant shall submit drainage plans for the City's review and approval.
2. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
3. All easements and flood hazard areas shall be clearly identified on the grading
plan.
4. 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.
5. 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.
6. 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
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Planning Commission Resolution No. 2009-11
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.
C. DRAINAGE
Detailed drainage system information of the lot with careful attention to any flood
hazard area shall be submitted. All drainage/runoff from the development shall
be conveyed from the site to the natural drainage course. No on-site drainage
shall be conveyed to adjacent parcels, unless that is the natural drainage course.
D. UTILITIES
Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
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
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 85 M.P.H. exposures "C" and
the site is within seismic category (D). The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
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.
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Planning Commission Resolution No 2009-11
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) approvallclearance will be
required prior to the issuance of a demolition permit. Please contact AQMD at
(909) 367-2327.
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.
Walnut Valley School District
880 S Lemon Ave
Walnut, CA 91789
(909) 595-1261
8. Indicate the proposed addition and existing building on the plans. Submit code
analysis and justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Each group occupancy
e. Property line location in relation to each building (side yard)
9. Please submit a total of 5 full set of plans including the grading for review to the
Building and Safety Division after the plans have been approved by the Planning
Division/Commission.
10. 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.
11. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
12. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
13. "Separate permits are required for pools, spas, ponds, gazebos, patios and
tennis courts" and shall be noted on plans.
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Planning commission Resolution No. 2009-11
14. Fire Department approval shall be required. Contact the Fire Department
to check the fire zone for the location of your property. If this project is
located in High Hazard Fire Zone it shall meet of requirements of the fire
zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
End
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Planning Commission Resolution No. 2009-11
PLANNING COMMISSION RESOLUTION NO. 2009-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. 2008-20 FOR THE REQUEST TO CONSTRUCT A TWO-STORY ADDITITION TO AN EXISTING SINGLE -FAMILY
RESIDENCE ON LOT NO. 55 OF TRACT 30578 LOCATED AT 2677 WAGON TRAIN LANE, DIAMOND BAR, CA (APN 8713-012-018)
A. RECITALS
1. The Planning Commission considered an application filed by Total Engineering Solutions, on behalf of the property
owners, Maria and Jorge Navarro, requesting approval of plans to construct an 851 square-foot first-floor addition and a 1,087
square-foot second-floor addition to the front of an existing 8,936 square-foot single family residence. The location of the proposed
project is 2677 Wagon Train Lane.
2. The subject property is zoned Rural Residential (RR) and it contains 43,797 square feet 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 55 of Tract No. 30578 and the Assessor's Parcel Number is (APN) 8713-
012-018.
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 June 23, 2009, 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 has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to
the provisions of
Article 19 under Section 15301(e) of the CEQA Guidelines (addition to an existing structure of less than 10,000 square feet). No
further environmental review is required.
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 addition to an existing single-family residence 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 existing public and private
improvements are available to support the proposed development and the surrounding neighborhood. The proposed addition 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 of the
Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan.
The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy
documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the
surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential
character.
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Planning Commission Resolution No. 2009-11
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 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 single-family residence 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
hearing.
(2) The project landscape plan shall avoid the use of invasive plant materials as identified by the California Invasive Plant
Council. A complete list of the plant material to be avoided can be found at the following web address: www.calipc.orq.
(3) Prior to submittal of plans for Building Division plan check all retaining walls associated with the lot pad shall be revised
so that the exposed height does not exceed four feet.
(4) The maximum exposed face of any freestanding retaining wall not associated with the lot pad shall be limited to six feet
in height. 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.
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Development Review No. 2008-20
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, Yasser Salem, Total Engineering
Solutions, 24000 Alicia Parkway Suite 12 #284 Newport Beach, CA 92660 and property owners Maria and Jorge Navarro, 2677
Wagon Train Lane, Diamond Bar CA 91765.
APPROVED AND ADOPTED THIS 23rd DAY OF June 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
orng, Chairm
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 June, 2009, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Commissioners: Shah, Nolan, Lee, Chalr/Torng Commissioners: None
Commissioners: Nelson Commissioners: None
ATTEST:
Greg Gubman, Secretary
4
Development Review No. 2008-20
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: DR 2008-20
SUBJECT: 1,938 Square -Foot Two -Story Addition to an Existing Single Family Residence
PROPERTY Maria and Jorge Navarro
OWNER: 2677 Wagon Train Lane Diamond Bar, CA 91765
APPLICANT: Yasser Salem, Total Engineering Solutions 24000 Alicia Parkway Suite 17 #384
Newport Beach, CA 92660
LOCATION: 2677 Wagon Train Lane, 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. 2008-20 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 2009-11
(b) Applicant shall promptly pay any final judgment rendered against the City defendants. 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. 2008-20, at the City of Diamond Bar Community
Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the
review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business
License; and a zoning approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2009-11, Standard Conditions, and all environmental mitigations
shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading
activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Division review and approval.
6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be
completed.
7 The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other
applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City
Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to
issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever
comes first.
10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and
environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing
residential neighborhood and shall not result in significantly adverse effects on
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Planning Commission Resolution No 2009-11
public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used
as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works
Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works
Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes
first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit,
whichever cdime 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.2008-20 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, including: site plans, floor plans, architectural elevations, exterior materials and
colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations.
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be
submitted to the Planning Division for review and approval.
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Planning Commission Resolution No. 2009-11
2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color,
size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the
retaining wall height.
3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall
be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height.
4. 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 slopes 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.
5. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope
vegetation is in satisfactory condition.
6. Retaining walls shall not exceed an exposed height of six (6) feet as delineated on the development plans. All retaining
walls shall be earth tone in color and constructed from decorative material (i.e., split face, stacked stone, etc.) Retaining walls or
fences located within the front yard setback shall not exceed an exposed height of 42 inches.
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.
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Planning Commission Resolution No. 2009-11
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. For construction activity which disturbs one acre or greater soil
a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts.
2. 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. The applicant shall submit drainage plans for the City's review and approval.
2. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
3. All easements and flood hazard areas shall be clearly identified on the grading plan.
4. 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.
5. 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.
6. 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
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Planning Commission Resolution No. 2009-11
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.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels, unless that is the natural drainage course.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered
arborist.
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 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 85 M.P.H. exposures "C" and the site is within seismic category (D). The
applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and
signature.
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.
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Planning Commission Resolution No 2009-11
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 AQMD at
(909)367-2327.
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.
Walnut Valley School District 880 S Lemon Ave
Walnut, CA 91789
(909)595-1261
8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification
showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Each group occupancy
e. Property line location in relation to each building (side yard)
9. Please submit a total of 5 full set of plans including the grading for review to the Building and Safety Division after the plans
have been approved by the Planning Division/Commission.
10. 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.
11. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements
(sand bags, etc.)
12. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2%
minimum slope.
13. "Separate permits are required for pools, spas, ponds, gazebos, patios and tennis courts" and shall be noted on
plans.
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Planning Commission Resolution No. 2009-11
14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your
property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4
inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door.
End
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Planning Commission Resolution No. 2009-11