HomeMy WebLinkAboutPC 2010-21PLANNING COMMISSION
RESOLUTION NO. 2010-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL 2009-71, A REQUEST TO CONSTRUCT A NEW 17,856 SQUARE -
FOOT SINGLE-FAMILY RESIDENCE AND 214 SQUARE FOOT POOL
HOUSE ON A 36,428 SQUARE -FOOT LOT LOCATED AT
3131 STEEPLECHASE LANE (ASSESSORS PARCEL NO. 8713-017-111).
A. RECITALS
Property owners, Kimberly Xu, and applicant, An -Chi Lee, have filed an
application for Development Review No. PL 2009-71 to construct a 17,856
square -foot new single family residence and 214 square -foot pool house
located at 3131 Steeplechase Lane, Diamond Bar, Los Angeles County,
California ("Project Site"). Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Proposed Project."
2. The subject property is comprised of one parcel totaling 0.84 net acres. It
is located in the Low Medium Density (RLM) zone with an underlying
General Plan Land Use designation of Low Density Residential (RL).
3. The legal description of the subject property is Parcel Map 23382 Lot 2.
The Assessor's Parcel Number is 8713-017-111.
4. On July 16, 2010, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property
owners within a 500 -foot radius of the Project site and public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board.
5. On July 27, 2010, 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.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15303 (a) (New Construction of One Single -Family Residence) of
the CEQA Guidelines. Therefore, no further environmental review is
required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission
hereby finds as follows:
Development Review Findings (DBMC Section 22.48)
1 The design and layout of the proposed development are consistent with
the general plan, development standards of the applicable district, design
guidelines, and architectural criteria for special areas (e.g., theme areas,
specific plans, community plans, boulevards or planned developments);
The proposed new single-family home is - consistent with the applicable
elements of the City's General Plan, City Design Guidelines and
development standards by meeting all of the required setbacks. The
architectural style is an Italian Villa design and also provides earth -tone
shades for the exterior finish to soften the building's visual impact and
assist in preserving the hillside's aesthetic value. The project site is not a
part of any theme areas, specific plans, community plans, boulevards or
planned developments.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments,
and will not create traffic or pedestrian hazards;
The proposed new single-family home will not interfere with the use or
enjoyment of neighboring existing or future developments because the
use of the project site is designated for a single-family home and the
surrounding uses are also single-family homes.
The proposed new single-family home will not interfere with vehicular or
pedestrian movements, such as access or other functional requirements
of a single-family home by meeting the required driveway widths and
grades.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development
Planning Commission Resolution No. 2010-21
contemplated by this chapter, the general plan, or any applicable specific
plan;
The new single-family home is designed to be pa -character of the neighborhood, providing eh -tone hades for the
exterior finish to soften the building's visual impact and assist in
preserving the hillside's aesthetic value.
4. 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, and will remain
aesthetically appealing;
The design of the new single-family home is an Italian Villa style of
architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features, building materials,
and landscaping. The project has a subtle balance, involving well-
proportioned masses and features.
5. The proposed development will not be detrimental to the public health,
safety or welfare or materially injurious (e.g., negative effect on property
values or resale(s) of property) to the properties or improvements in the
vicinity; and
Before the issuance of any City permits, the Prop desoject
iseuireeto comply with all conditions within the applution, and
Building and Safety Division and Public Works Departments, and Los
Angeles County Fire Department requirements. The referenced agencies
through the permit and inspection process will ensure that the proposed
project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
6. 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�on
(E)11Section 15303(a) (New Construof One Single -Family Residence) of
the CEQA Guidelines.
C. Based on the findings and conclusions set forth above, the Planning commission
hereby approves the Application subject to the following conditions and the
attached standard conditions:
3 Planning Commission Resolution No. 2010-21
1. Planning Division
(a) The applicant shall install a chain link fence located 10 feet from the
drip line of the native oak tree to protect it from any construction
activity.
(b) Additional trees shall be planted between the patio and the existing
V -ditch to provide additional screening.
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: Kimberly Ming Xu, 18981 Bramhall Lane, Rowland
Heights, CA 91748; and An -Chi Lee, A.C. Lee & Architects,
3740 Campus Drive, Suite B,- Newport Beach, CA 92660.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
�v C
fi ny To�rn�d, C�haihy�ran
I- Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a regular meeting of the Planning Commission held on the
27th day of July 2010, by the following vote:
AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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Planning Commission Resolution No. 2010-21
PROJECT #: Development Review No. PL 2009-71,
SUBJECT: To construct a 17,856 square -foot new single-family residence
and 214 square -foot pool house on a 36,428 square -foot lot.
PROPERTY Kimberly Ming Xu, 18981 Bramhall Lane, Rowland Heights,
OWNER(S): CA 91748
APPLICANT: An -Chi Lee, A.C. Lee and Architects, 3740 Campus Drive,
Suite B, Newport Beach, CA 92660
LOCATION: 3131 Steeplechase Lane, Diamond Bar, CA 91765
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91513 1 & A&
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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. PL 2009-71 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. 2010-21
(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. PL 2009-71 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 zoning approval
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2010-21, Standard
Conditions, and all environmental mitigations shall be included on the
plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all conditions of approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, roof, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment permit, etc.,) or approved use has
commenced, whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
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Planning Commission Resolution No. 2010-21
11. 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, and Public Works Department) at
the established rates, prior to issuance of building permits, as required by
the City. School fees as required shall be paid prior to the issuance of
building permit. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to issuance of grading or
building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review shall expire within two (2) 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, on file with the Planning
Division: site plans, floor plans, architectural elevations, and landscaping
plans, the conditions contained herein, and 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
owners/occupant.
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Planning Commission Resolution No. 2010-21
E. 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:
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.
2. The applicant shall comply with Standard Urban Storm Water Mitigation
Plan (SUSMP) requirements to the satisfaction of the City Engineer.
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.rn ., 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.
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Planning Commission Resolution No. 2010-21
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 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. 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
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Planning Commission Resolution No. 2010-21
method of erosion control shall be completed to the satisfaction of the City
Engineer and a permanent irrigation system shall be installed.
10. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
11. Prior to the issuance of building permits, a pre -construction meeting shall
be held at the project site with the grading contractor, applicant, and city
grading inspector at least 48 hours prior to commencing grading
operations.
12. Rough grade certifications by project soils and civil engineers shall be
submitted prior to issuance of building permits for the foundation of the
residential structure. Additionally, an as -graded geotechnical report
documenting any changes in conditions and/or recommendations during
construction shall be submitted for review and approved prior to release of
any building permits for the residential structure. Retaining wall permits
may be issued without a rough grade certificate.
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
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. No increase in flow (either volume or
speed) shall be directed to any adjacent parcels even if it is the natural
drainage course. If there is an increase in flow to the adjacent parcel,
permission to accept the increase shall be obtained in writing by the
adjacent property owner and submitted to the City for our records.
2. Prior to the issuance of a grading permit, a complete hydrology and
hydraulic study shall be prepared by a Civil Engineer registered in the
State of California to the satisfaction of the City Engineer.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
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Planning Commission Resolution No. 2010-21
E. SEWERS/SEPTIC TANK
1 Applicant shall obtain connection permit(s) (i.e., saddle permits) to the
mainline sewer from the City.
2. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Division. Sewer plans shall be submitted for review and approval by the
City. The new sewer mainline to be constructed shall have the capability
to serve either vacant property to either side of this lot. Any cost share for
the construction of the mainline shall be conducted solely between all
private property owners. A certificate of Occupancy will not be issued until
the sewer mainline has been constructed and finalized by both the City
Public Works Department and the Los Angeles County Sewer
Maintenance Division.
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. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. The applicant shall submit a foundation and soils investigation report.
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. 2010-21
7. 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.
8. Separate permits are required for pools, spas, pool houses, fountains,
gazebos, patios and decks" and shall be noted on plans.
9. A height survey may be required at completion of framing.
10. Indicate the proposed building on the plans. Submit code analysis I 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)
11. 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 Unified School District
880 S Lemon Ave.
Walnut, CA 91789
(909) 595-1261
12. 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.
13. Indicate all easements on the site plan.
14. 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.
15. Guardrails shall be designed for 200 load applied laterally at the top of the
rail.
16. All retaining walls shall be submitted to the Building and Safety and Public
Work Departments for review and approval.
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Planning Commission Resolution No. 2010-21
17. Submit grading plans showing clearly all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
18. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.)
19. Check drainage patterns with Engineering Department. Surface water
shall drain away from building at a 2% minimum slope.
20. Private property sewer/septic system shall be approved by the Los
Angeles County Health Department and the California Water Control
Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 Fire Department approval is required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is
located in Very High Severity 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 Y2 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.
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Planning Commission Resolution No. 2010-21