HomeMy WebLinkAboutPC 2011-08PLANNING COMMISSION
RESOLUTION NO. 2011-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL 2010-289 TO DEMOLISH AN EXISTING SINGLE-FAMILY HOME
AND CONSTRUCT A NEW 7,432 SQUARE -FOOT SINGLE FAMILY
RESIDENCE, TWO GARAGES TOTALING 1,968 SQUARE FEET, AND 1,302
SQUARE -FOOT INDOOR POOL ON A 1.88 GROSS ACRE (82,015 SQUARE -
FOOT) LOT LOCATED AT 3010 WAGON TRAIN DRIVE, DIAMOND BAR, CA
91765 (APN 8713-019-004).
A. RECITALS
The property owner, Hai Nguyen, and applicant, Stewart Beck, have filed an
application for Development Review No. PL 2010-289 to demolish an existing
residence and construct a new 7,432 square -foot single family residence, two
garages totaling 1,968 square feet, and a 1,302 square -foot indoor pool located
at 3010 Wagon Train Drive, City of Diamond Bar, County of Los Angeles,
California. Hereinafter in this resolution, the subject Development Review shall
collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 82,015 square feet (1.88
gross acres). It is located in the Rural Residential (RR) zone with an underlying
General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 30289 Lot 27. The
Assessor's Parcel Number is 8713-019-004.
4. On April 1, 2011, 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
1,000 -foot radius of the Project site and public notices were posted at the City's
designated community posting sites on April, 1, 2011. In addition to the
published and mailed notices, the project site was posted with a display board
and the notice was posted at three other locations within the project vicinity.
5. On April 12, 2011, 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; and
C
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 15301 (1) (2) (Demolition of a
Single Family Residence) and 15303 (a) (Construction of a New Single Family
Residence) of the CEQA Guidelines. Therefore, no further environmental
review is required.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Development Code (DBDC) Section 22.48, this Planning Commission
hereby finds as follows:
Development Review Findings (DBDC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments);
The design and layout of the proposed 7,432 square -foot single family
residence, two garages totaling 1,968 square feet, and 1,302 square -foot indoor
pool is consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all of the setbacks and requirements of the
City's development code.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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 single-family residence will not interfere with the use and
enjoyment of neighboring existing or future developments because the use of
the project site is designed for a single-family home and the surrounding uses
are also single-family homes.
The proposed single-family home will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-family
home because it complies with the requirements for 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 contemplated by
Chapter 22.48: Development Review Standards, the City's Design Guidelines,
the City's General Plan, or any applicable specific plan;
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DR No. PL 2010-289
The new single-family home is designed to be compatible with the character of
the eclectic neighborhoods in The Country Estates. It is designed in the Italian
Revival style of architecture with earth -tone shades 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, color, and will remain aesthetically
appealing;
The design of the new single-family home is an Italian Revival style of
architecture. Variation in the building elements has been achieved through the
utilization of varying architectural features, building materials, and landscaping.
5. The proposed development will not be detrimental to 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 proposed project is required to
comply with all conditions within the approved resolution, and the Building and
Safety Division and Public Works Departments, and Los Angeles County Fire
Department requirements. Through the permit and inspection process, the
referenced agencies 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 Act (CEQA) as set forth under Article 19
Section 15301 (1) (2) (Demolition of a Single Family Residence) and 15303 (a)
(Construction of a New Single Family Residence) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application subject to the following conditions:
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing;
2. Prior to building permit issuance, the required landscape plan shall be designed
to meet the requirements of the Los Angeles County Fire Department's Fuel
Modification Plan Guidelines in terms of plant selection, placement and
maintenance. The final landscape and fuel modification plans shall be
submitted to the Los Angeles Fire Department for review and approval;
3. Prior to building permit issuance, landscape and irrigation plans shall be
reviewed and approved by the City's Consulting Landscape Architect; and
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DR No. PL 2010-289
4. 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 property owner, Hai Nguyen, 3057 Windmill Drive, Diamond Bar, CA
91765; and the applicant, Stewart Beck, 2915 Redhill Avenue,
Suite G102, Costa Mesa, CA 92626.
APPROVED AND ADOPTED THIS 12" DAY OF APRIL 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack Shh, 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 12th day of April, 2011, by the following vote:
AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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DR No. PL 2010-289
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-289
SUBJECT: To, demolish an existing residence and construct a new 7,432
square -foot single family residence, two garages totaling 1,968
square feet, and 1,302 square -foot indoor pool on a 1.88 gross acre
lot.
PROPERTY Hai Nguyen
OWNER(S): 3057 Windmill Drive
Diamond Bar, CA 91765
APPLICANT: Stewart Beck
2915 Redhill Avenue, Suite G102
Costa Mesa, CA 92626
LOCATION: 3010 Windmill Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b)(1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. PL 2010-289 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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(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 2010-289, 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. 2011-08, Standard
Conditions, and all environmental mitigations shall be included cn 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, and roof plans, and elevation plans 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 property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
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C.
FEESIDEPOSITS
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 comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
TIME LIMITS
1. The approval of Development Review No. PL 2010-289 expires within two
years from the date of approval if the use has not been exercised as defined
per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to
DBMC 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 attached hereto as Attachment 2 including:
site plans, floor plans, architectural elevations, and landscape plans on file with
the Planning Division, the conditions contained herein, and the Development
Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc., shall be located out of public view and adequately screened
through the use of a combination of concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the Planning Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
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DR No PL 2010-289
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:
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.
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.m,, Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
Prior to grading plan submittal, a
Geotechnical Engineer, licensed by the
by the applicant for approval by the City.
geotechnical report prepared by a
State of California, shall be submitted
DR No, PL 2010-289
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 DBMC 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 method of erosion
control shall be completed to the satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
10. 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.
11. Rough grade certifications by project soils and civil engineers and the as -
graded geotechnical report shall be submitted for review and approval prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
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DR Nu PL 2010-289
12. 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.
2. Prior to the issuance of a grading permit, a 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. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
2. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
E. SEWERS/SEPTIC TANK
1. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City. Sewer plans shall be submitted for review
and approval by the City Building and Safety Department.
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.
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CR No. PL 2010-289
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. 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.
6. 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.
7. This project shall comply with the 2008 Energy Code requirements of the State
of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
8. 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.
9. 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 Unified School District
880 S. Lemon Ave
Walnut, CA 19789
(909)595-1261
10. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
11. "Separate permits are required for pools, spas, fountains, and retaining walls"
and shall be noted on plans.
12. A height survey may be required at completion of framing.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007
California Building Code.
14. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
15. Indicate all easements on the site plan.
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DR No PL 2010-289
16. Please submit a total of 7 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.
17. 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
Very 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.
18. All retaining walls shall be submitted to the Building and Safety and Public Work
Departments for review and approval.
19. 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.
20. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
21. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
22. Specify location of tempered glass as required by code.
23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
24. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
End
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DR No PL 2010-289
PLANNING COMMISSION RESOLUTION NO. 2011-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. PL 2010-289 TO DEMOLISH AN EXISTING SINGLE-FAMILY HOME AND CONSTRUCT A NEW 7,432 SQUARE -FOOT
SINGLE FAMILY RESIDENCE, TWO GARAGES TOTALING 1,968 SQUARE FEET, AND 1,302 SQUARE -FOOT INDOOR POOL ON A 1.88
GROSS ACRE (82,015 SQUARE- FOOT) LOT LOCATED AT 3010 WAGON TRAIN DRIVE, DIAMOND BAR, CA 91765 (APN 8713-019-
004).
A. RECITALS
1. The property owner, Hai Nguyen, and applicant, Stewart Beck, have filed an application for Development Review No. PL
2010-289 to demolish an existing residence and construct a new 7,432 square -foot single family residence, two garages totaling
1,968 square feet, and a 1,302 square -foot indoor pool located at 3010 Wagon Train Drive, City of Diamond Bar, County of Los
Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 82,015 square feet (1.88 gross acres). It is located in the Rural
Residential (RR) zone with an underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 30289 Lot 27. The Assessor's Parcel Number is 8713-019-004.
4. On April 1, 2011, 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 1,000 -foot radius of the
Project site and public notices were posted at the City's designated community posting sites on April, 1, 2011. In addition to the
published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations
within the project vicinity.
5. On April 12, 2011, 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; and
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 15301 (I) (2) (Demolition of a Single Family
Residence) and 15303 (a) (Construction of a New 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 Development Code (DBDC) Section
22.48, this Planning Commission hereby finds as follows:
Development Review Findings (DBDC Section 22.48.040)
1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan,
City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special
areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments);
The design and layout of the proposed 7,432 square -foot single family residence, two garages totaling 1,968 square feet, and 1,302
square -foot indoor pool is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all
of the setbacks and requirements of the City's development code.
The project site is not part of any theme area, specific plan, community plan, boulevard or planned development.
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 single-family residence will not interfere with the use and enjoyment of neighboring existing or future developments
because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes.
The proposed single-family home will not interfere with vehicular or pedestrian movements, such as access or other functional
requirements of a single-family home because it complies with the requirements for 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 contemplated by Chapter 22.48: Development
Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan;
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DR No. PL 2010-289
The new single-family home is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates.
It is designed in the Italian Revival style of architecture with earth -tone shades 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, color, and will remain aesthetically appealing;
The design of the new single-family home is an Italian Revival style of architecture. Variation in the building elements has been
achieved through the utilization of varying architectural features, building materials, and landscaping.
5. The proposed development will not be detrimental to 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 proposed project is required to comply with all conditions within the approved
resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department
requirements. Through the permit and inspection process, the referenced agencies 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 Act (CEQA) as set forth
under Article 19 Section 15301 (1) (2) (Demolition of a Single Family Residence) and 15303 (a) (Construction of a New Single
Family Residence) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the
following conditions:
1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public
hearing;
2. Prior to building permit issuance, the required landscape plan shall be designed to meet the requirements of the Los
Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The
final landscape and fuel modification plans shall be submitted to the Los Angeles Fire Department for review and approval;
3. Prior to building permit issuance, landscape and irrigation plans shall be reviewed and approved by the City's Consulting
Landscape Architect; and
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4. 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 property owner, Hai Nguyen, 3057 Windmill
Drive, Diamond Bar, CA 91765; and the applicant, Stewart Beck, 2915 Redhill Avenue, Suite G102, Costa Mesa, CA 92626.
APPROVED AND ADOPTED THIS 12th DAY OF APRIL 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack Shlh, Chairman
L" r
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 12th day of April, 2011, by the following vote:
AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah
NOES: Commissioners: None
ABSENT: Commissioners: None ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-289
SUBJECT: To demolish an existing residence and construct a new 7,432 square -foot single family residence, two garages totaling
1,968 square feet, and 1,302 square -foot indoor pool on a 1.88 gross acre lot.
PROPERTY Hai Nguyen
OWNER(S): 3057 Windmill Drive Diamond Bar, CA 91765
APPLICANT: Stewart Beck
2915 Redhill Avenue, Suite G102 Costa Mesa, CA 92626
LOCATION: 3010 Windmill Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of
Development Review No. PL 2010-289 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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(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 2010-289, 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. 2011-08, 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, and roof plans, and elevation plans 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 property owner/applicant shall remove the public hearing notice board within three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works
Department, and the Fire Department.
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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 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 No. PL 2010-289 expires within two years from the date of approval if the use has not been
exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to DBMC 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 attached hereto as Attachment 2 including: site plans, floor
plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the
Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of
public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to
the satisfaction of the Planning Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner
with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant.
5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired
or replaced upon project completion.
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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:
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.
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.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.
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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 DBMC 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 method of erosion control shall be
completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed.
10. 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.
11. Rough grade certifications by project soils and civil engineers and the as- graded geotechnical report shall be submitted
for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits
may be issued without a rough grade certificate.
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12. 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.
2. Prior to the issuance of a grading permit, a 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. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the
respective utility owner.
2. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered
arborist.
E. SEWERS/SEPTIC TANK
1. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City. Sewer plans shall
be submitted for review and approval by the City Building and Safety Department.
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.
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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. 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.
6. 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.
7 This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and
bathroom lights shall be fluorescent.
8. 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.
9. 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 Unified School District 880 S. Lemon Ave
Walnut, CA 19789
(909)595-1261
10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining
walls locations.
11. "Separate permits are required for pools, spas, fountains, and retaining walls" and shall be noted on plans.
12. A height survey may be required at completion of framing.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code.
14. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
15. Indicate all easements on the site plan.
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16. Please submit a total of 7 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.
17. 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 Very 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.
18. All retaining walls shall be submitted to the Building and Safety and Public Work Departments for review and
approval.
19. 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.
20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements
(sand bags, etc.)
21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2%
minimum slope.
22. Specify location of tempered glass as required by code.
23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail
connection detail (height, spacing, etc.)
24. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the
California Water Control Board.
End
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