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HomeMy WebLinkAboutPC 2011-18PLANNING COMMISSION RESOLUTION NO. 2011-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2011-50 TO CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE CONSISTING OF A NEW 11,083 SQUARE -FOOT LIVING AREA, TWO GARAGES AND A WORKSHOP TOTALING 4,857 SQUARE FEET, AND A 925 SQUARE -FOOT SECOND UNIT ON A 8.51 GROSS ACRE (370,695 SQUARE -FOOT) LOT LOCATED AT 2244 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-040-031). A. RECITALS The property owner, Mike Tsai, and applicant, Roland Wahlroos-Ritter, have filed an application for Development Review No. PL 2011-50 to construct a new three-story single-family residence consisting of a new 11,086 square -foot living area, two garages and a workshop totaling 4,857 square feet, and a 925 square -foot second unit located at 2244 Indian Creek Road, 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 370,695 square feet (8.51 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 continued the item to the July 12, 2011 meeting. 5. On July 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 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 11,083 square -foot three-story single family residence, two garages and a workshop totaling 4,857 square feet, and a 925 square -foot second unit 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 Gdneral Plan, or any applicable specific plan; 61 DR No. PL 2011-50 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 contemporary style of architecture with dark grey panels to visually recede into the landscape and hillside. The project is also designed to be appropriate in mass and scale to the site, whereas the building blends into the terrain and does not dominate the landform as seen from lower elevations. 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 textures, and landscaping. Various features are being used to help reduce the environmental footprint, such as screen system panels to prevent heat from getting in the home and helps reduce the amount of energy needed for cooling, projection of the third floor towards the south and west provides shading for the other floors, and green roofs provide insulation to help reduce the amount of solar heat gain in the buildings. 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 99 Section 95303 (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: Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing; 3 DR No. PL 2011-50 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. 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, Mike Tsai, NSCE & T, LLC, 18240 Senteno St. Rowland Heights, CA 91748; and the applicant, Roland Wahlroos-Ritter, 2404 Wilshire Blvd. Suite 9E, Los Angeles, CA 90057. APPROVED AND ADOPTED THIS 12t' DAY OF JULY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Jack Shah 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 July, 2011, by the following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners Nelson, Torng, Chair/Shah None Lin, VC/Lee ABSTAIN: Commissioners: None ATTEST: Greg GubrWsecretary Id DR No. PL 2011-50 A B A3IOND BARS COMMUNITYDEVELOPMENT DEPARTMENT STANDARD r -•- STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2011-50 SUBJECT: To construct a new three-story single-family residence consisting of a new 11,083 square -foot living area, two garages and a workshop totaling 4,857, and a 925 square -foot second unit on a 8.51 gross acre lot. PROPERTY Mike Tsai OWNER(S): 18240 Senteno St. Rowland Heights, CA 91748 APPLICANT: Pete Volbeda 2404 Wilshire Blvd. Suite 9E Los Angeles, CA 90057 LOCATION: 2244 Indian Creek Road, 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 2011-50 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. 5 DR No. PL 2011-50 (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 2011-50, 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. 2011-18, 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. 6 DR No. PL 2011-50 191 C. Lei FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS The approval of Development Review No. PL 2011-50 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. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively 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. 7 DR No. PL 2011-50 E. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 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. 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 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. 8 DR No. PL 2011-50 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 6 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 9 DR No. PL 2011-50 C 10 E. 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. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 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. A driveway is planned to be built within the Flood Hazard Area, a hydraulic calculation shall be submitted together with a hydrology report to determine the size of the culvert that will carry the stormwater run-off without altering the original drainage path. OFF-SITE STREET IMPROVEMENTS Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. SEWERS/SEPTIC TANK 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: 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. 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. The soils report shall incorporate specific requirements for the MSE retaining 10 DR No. PL 2011-50 walls and plans shall implement all special inspection criteria as required by the manufacturer. 5. Electrical plans showing main panel size, distribution to subpanels, solar array, and related panel schedules are required. 6. Glass railing shall be designed for the special requirements listed in CBC 2407 including factor of safety of 4, top rail that can span between two glass panels if one fails, and be tempered glass. 7. The master sitting area shall have adequate natural ventilation 8. Skylights shall be listed and be appropriately screened and shatterproof. 9. All green roofs shall have plants that are slow growing which require limited maintenance. All controllers and equipment shall be located away from any drop offs. 10. Parking lifts require separate structural design. 11. Roof drainage plan shall be provided showing required slope, area drains, waterproofing of roof structure, overflow drains, and other special design measures. 12. The garage shall be designed as an S commercial parking garage occupancy group with appropriate ventilation unless provided with a fire wall reducing any area to less than 3000 sf per CBC 406.1. 13. 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. 14. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 15. 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. 16. 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. 17. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 18. "Separate permits are required for pool, spa, retaining walls, solar panels, and enclosure structures" and shall be noted on plans. 11 DR No. PL 2011-50 19. A height survey may be required at completion of framing. 20. All balconies shall be designed for 601b. live load. 21. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 22. Indicate all easements on the site plan. 23. 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. c. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. e. A fuel modification plan is required to be submitted to the Fuel Modification Unit of LA County Fire. 24. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 25. 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. 26. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 27. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 28. Specify location of tempered glass as required by code. 29. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 30. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 12 OR No. PL 2011-50 31. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 32. A soils report is required and all recommendations of the soils report shall be adhered to. 33. Slope setbacks consistent with California Building Code Figure 1805.3.1. Foundations shall provide a minimum distance to daylight. 34. Properties shall be maintained in a clean and workmanlike manner and work shall not occur from 7 pm to 7 am Monday through Saturday, Sundays, and holidays. 35. Handrails and guardrails shall be provided at all drops over 30" including landscaped areas. 36. All steps and drops over 30" in a normal path of travel between buildings shall meet all rise, run, guardrail, and handrail requirements. r1►1N 13 DR No. PL 2011-50 PLANNING COMMISSION RESOLUTION NO. 2011-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2011-50 TO CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE CONSISTING OF A NEW 11,083 SQUARE -FOOT LIVING AREA, TWO GARAGES AND A WORKSHOP TOTALING 4,857 SQUARE FEET, AND A 925 SQUARE -FOOT SECOND UNIT ON A 8.51 GROSS ACRE (370,695 SQUARE -FOOT) LOT LOCATED AT 2244 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765(APN 8713-040-031). A. RECITALS 1. The property owner, Mike Tsai, and applicant, Roland Wahlroos-Ritter, have filed an application for Development Review No. PL 2011-50 to construct a new three-story single-family residence consisting of a new 11,086 square -foot living area, two garages and a workshop totaling 4,857 square feet, and a 925 square -foot second unit located at 2244 Indian Creek Road, 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 370,695 square feet (8.51 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 continued the item to the July 12, 2011 meeting. 5. On July 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 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 11,083 square -foot three-story single family residence, two garages and a workshop totaling 4,857 square feet, and a 925 square -foot second unit 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 GOneral Plan, or any applicable specific plan; 2 DR No. PL 2011-50 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 contemporary style of architecture with dark grey panels to visually recede into the landscape and hillside. The project is also designed to be appropriate in mass and scale to the site, whereas the building blends into the terrain and does not dominate the landform as seen from lower elevations. 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 textures, and landscaping. Various features are being used to help reduce the environmental footprint, such as screen system panels to prevent heat from getting in the home and helps reduce the amount of energy needed for cooling, projection of the third floor towards the south and west provides shading for the other floors, and green roofs provide insulation to help reduce the amount of solar heat gain in the buildings. 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; 3 DR No. PL 2011-50 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. 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, Mike Tsai, NSCE & T, LLC, 18240 Senteno St. Rowland Heights, CA 91748; and the applicant, Roland Wahlroos-Ritter, 2404 Wilshire Blvd. Suite 9E, Los Angeles, CA 90057. APPROVED AND ADOPTED THIS 12th DAY OF JULY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Jack ShO 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 July, 2011, by the following vote: AYES: Commissioners: Nelson, Torng, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: Lin, VC/Lee ABSTAIN: Commissioners: None ATTEST: Greg Gub Secretary 4 DR No. PL 2011-50 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2011-50 SUBJECT: To construct a new three-story single-family residence consisting of a new 11,083 square -foot living area, two garages and a workshop totaling 4,857, and a 925 square -foot second unit on a 8.51 gross acre lot. PROPERTY Mike Tsai OWNER(S): 18240 Senteno St. Rowland Heights, CA 91748 APPLICANT: Pete Volbeda 2404 Wilshire Blvd. Suite 9E Los Angeles, CA 90057 LOCATION: 2244 Indian Creek Road, 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 2011-50 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. 5 DR No. PL 2011-50 (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 2011-50, 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. 2011-18, 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. 6 DR No. PL 2011-50 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 2011-50 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. 7 DR No. PL 2011-50 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. 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. 8 DR No. PL 2011-50 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 6 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 9 DR No. PL 2011-50 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. A driveway is planned to be built within the Flood Hazard Area, a hydraulic calculation shall be submitted together with a hydrology report to determine the size of the culvert that will carry the stormwater run-off without altering the original drainage path. D. OFF-SITE STREET IMPROVEMENTS 1. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 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. 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. The soils report shall incorporate specific requirements for the MSE retaining 10 DR No. PL 2011-50 walls and plans shall implement all special inspection criteria as required by the manufacturer. 5. Electrical plans showing main panel size, distribution to subpanels, solar array, and related panel schedules are required. 6. Glass railing shall be designed for the special requirements listed in CBC 2407 including factor of safety of 4, top rail that can span between two glass panels if one fails, and be tempered glass. 7. The master sitting area shall have adequate natural ventilation 8. Skylights shall be listed and be appropriately screened and shatterproof. 9. All green roofs shall have plants that are slow growing which require limited maintenance. All controllers and equipment shall be located away from any drop offs. 10. Parking lifts Fequire separate structural design. 11. Roof drainage plan shall be provided showing required slope, area drains, waterproofing of roof structure, overflow drains, and other special design measures. 12. The garage shall be designed as an S commercial parking garage occupancy group with appropriate ventilation unless provided with a fire wall reducing any area to less than 3000 sf per CBC 406.1. 13. 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. 14. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 15. 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. 16. 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. 17. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 18. "Separate permits are required for pool, spa, retaining walls, solar panels, and enclosure structures" and shall be noted on plans. 11 DR No. PL 2011-50 19. A height survey may be required at completion of framing. 20. All balconies shall be designed for 60Ib. live load. 21. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 22. Indicate all easements on the site plan. 23. 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. c. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. e. A fuel modification plan is required to be submitted to the Fuel Modification Unit of LA County Fire. 24. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 25. 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. 26. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 27. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 28. Specify location of tempered glass as required by code. 29. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 30. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 12 DR No. PL 2011-50 31. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 32. A soils report is required and all recommendations of the soils report shall be adhered to. 33. Slope setbacks consistent with California Building Code Figure 1805.3.1. Foundations shall provide a minimum distance to daylight. 34. Properties shall be maintained in a clean and workmanlike manner and work shall not occur from 7 pm to 7 am Monday through Saturday, Sundays, and holidays. 35. Handrails and guardrails shall be provided at all drops over 30" including landscaped areas. 36. All steps and drops over 30" in a normal path of travel between buildings shall meet all rise, run, guardrail, and handrail requirements. END 13 DR No. PL 2011-50