HomeMy WebLinkAboutPC 2011-17-APLANNING COMMISSION
RESOLUTION NO. 2011-17-''-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL 2010-401 TO CONSTRUCT A NEW TWO-STORY.SINGLE-FAMILY
RESIDENCE CONSISTING OF A NEW 11,266 SQUARE -FOOT LIVING
AREA, 1,666 SQUARE -FOOT GARAGE, AND 588 SQUARE FEET IN PATIO
COVERS AND PORCHES ON A 1.68 GROSS ACRE (73,283 SQUARE -
FOOT) LOT LOCATED AT 2127 DERRINGER LANE, DIAMOND BAR, CA
91765.
A. RECITALS
1. The property owner, Sumermal Vardhan, and applicant, Pete Volbeda, have
filed an application for Development Review No. PL 2010-401 to construct a
new two-story single-family residence consisting of a new 11,266 square -foot
living area, 1,666 square -foot garage, and 588 square feet in patio covers and
porches located at 2127 Derringer Lane, 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 73,283 square feet (1.68
gross acres). It is located in the Rural Residential (RR) zone with an underlying
General Plan land use designation of Rural Residential.
3. On June 17, 2011, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. In addition, public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project site, public notices were posted at the
City's designated community posting sites and the Project site was posted with
a display board.
4. On June 28, 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 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 11,266 square -foot two-story single
family residence, 1, 666 square -foot garage, and 588 square feet in patio covers
and porches 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;
Because the Project site is located within a single-family zoning district, and the
surrounding uses are also single-family homes, the proposed single-family
residence will coexist harmoniously with the existing and future neighboring
development.
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;
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
Mediterranean style of architecture with earth -tone shades for the exterior finish
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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 overall site, architectural and landscape design will enhance both the
subject property and the neighborhood overall. 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 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
4. Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
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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, Sumermal Vardhan, 320 Woodruff, Walnut, CA
91789; and the applicant, Pete Volbeda, 180 N. Benson Ave. Suite D,
Upland, CA 91786.
APPROVED AND ADOPTED THIS 28th DAY OF JUNE 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack S ah, 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 28th day of June, 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
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-401
SUBJECT: To construct a new two story single-family residence consisting of
a new 11,266 square -foot living area, 1,666 square -foot garage, and
588 square feet in patio covers and porches on a 1.68 gross acre
lot.
PROPERTY Sumermal Vardhan
OWNER(S): 320 Woodruff
Walnut, CA 91789
APPLICANT: Pete Volbeda
180 N. Benson Ave. Suite D
Upland, CA 91786
LOCATION: 2127 Derringer Lane, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. PL 2010-401 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 2010-401, 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. 2011-17, 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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A
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), asi 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 2010-401 expires within two
years from the date of approval if the use has not been exercised as defined
per 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. Submit a Storm Water Pollution Prevention
Plan (SWPPP) to the State and City for approval. Please refer to City
handouts.
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Please refer to
City handouts.
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.
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
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residential structure. Retaining wall permits may be issued without a rough
grade certificate.
13. Final grade certifications by project 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 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 and Los Angeles Public Works
Department.
D. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purpose shall be offered and shown on the
detailed site plan for dedication to the City or affected utility company.
2. Will Serve Letters shall be submitted stating that adequate facilities are or will
be available to serve the proposed project shall be submitted to the City from all
utilities such as, but not limited to, phone, gas, water, electric, and cable.
3. 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 shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
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., 2010 California
Building Code, California Plumbing Code, California Mechanical Code, and the
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check submittal.
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2. Provisions for Cal Green shall be implemented onto plans and certification
provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
3. Fire sprinklers are required for new single family dwellings.
4. Occupancy of the facilities shall not commence until such time as all California
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
5. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
6. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and
the site is within seismic zone D or E. 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 energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code.
8. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
9. "Separate permits are required for pool, spa, gazebo, retaining walls, tennis
court lights, bbq area, and tennis court' and shall be noted on plans.
10. A height survey may be required at completion of framing.
11. All balconies shall be designed for 601b. live load.
12. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
13. Indicate all easements on the site plan.
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.
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c. Eaves shall be protected.
d. Exterior construction shall be one-hour or non-combustible.
15. All retaining walls shall be submitted to the Building and Safety and Public Work
Departments for review and approval.
16. 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.
17. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.).
18. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
19. Specify location of tempered glass as required by code.
20. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
21. Bodies of water that are greater than 18" in depth shall have the required
barriers to prevent unintentional access per CBC 3904.4.
22. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
23. A soils report is required and all recommendations of the soils report shall be
adhered to.
24. Slope setbacks consistent with California Building Code Figure 1805.3.1.
Foundations shall provide a minimum distance to daylight.
25. Design for crib walls will require a soils report specifically identifying
requirements and parameters for design of the crib walls. All special inspection
measures per the ICC Report findings shall be provided and notated onto plans.
26. All exterior site work shall have guardrails and handrails at drops 30" or more
and at steps/stairs.
27. Roofs that intersect perpendicular walls shall be provided_ with crickets or
equivalent.
28. Pool fencing shall be non -climbable type at least 5' in height.
IM I
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