HomeMy WebLinkAboutPC 2011-19PLANNING COMMISSION
RESOLUTION NO. 2011-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL
2010-354 TO ADD 728 SQUARE FEET TO AN EXISTING 1,884 SQUARE.
FOOT, SINGLE-FAMILY RESIDENCE ON A 0.47 GROSS ACRE (20,651
SQUARE -FOOT) LOT LOCATED AT 841 COLDSTREAM COURT, DIAMOND
BAR, CA 91765 (APN 8701-044-033).
A. RECITALS
The property owner, Chiou Y. Lin, and applicant, Kevin Yang, have filed an
application for Development Review No. PL 2010-354 to add 728 square feet to
the first floor of an existing 1,884 square -foot single family residence located at
841 Coldstream Court, 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 20,651 square feet (0.47
gross acres). It is located in the Low Density Residential (RL) zone with an
underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 42576 Lot 39. The
Assessor's Parcel Number is 8701-044-033.
4. On July 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 500 -foot radius of
the Project site and public notices were posted at the City's designated community
posting sites on July 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 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
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 (e) (additions to an existing
structure of less than 10,000 square feet) of the CEQA guidelines. Therefore, no
further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond
Bar Municipal Code (DBMC) Section 22.48, this Planning Commission hereby finds as
follows:
Development Review Findings (DBMC Section 22.48.040)
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 existing single-family residence is a permitted use in the RL zone. The
proposed addition of 728 square feet to an existing 1, 884 square -foot single-family
residence complies with the Development Standards of the Low Density
Residential (RL) zoning district and is consistent with the applicable elements of
the City's General Plan and City Design Guidelines.
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 addition will not interfere with the use and enjoyment of neighboring
existing or future developments because the use of the project site has an existing
single-family home and the surrounding uses are also single-family homes. -
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 existing architectural style is a 1980s tract home design with hipped roofs,
concrete roof tiles, wood siding, stucco walls, and vinyl windows. The proposed
addition will maintain the existing architectural style and is consistent with the
development standards for the site and surrounding neighborhood.
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 proposed addition is sensitive to the scale and character of the
neighborhood. Variation in the building elements has been achieved through the
utilization of varying architectural features and building materials, such as, hipped
roofs, concrete roof tiles, wood siding, stucco walls, and vinyl windows,.
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
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DR No. PL 2010-354
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 (e)
(additions to an existing structure of less than 10,000 square feet) of the CEQA
guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves the proposed Project, subject to the following conditions and attached standard
conditions:
Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing; and
2. 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, Chiou Y. Lin, 841 Coldstream Ct., Diamond Bar, CA 91765;
and the applicant, Kevin Yang, 9138 Olema St., Temple City, CA 91780.
APPROVED AND ADOPTED THIS 12" DAY OF JULY 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
1 aaJ
By: /
Jack Shah, hairman
1, 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 Gubman, ecretary
3
DR No. PL 2010-354
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-354
SUBJECT: Addition of 728 square feet to an existing 1,884 square -foot, single-
family residence.
PROPERTY Chiou Y. Lin
OWNER(S): 841 Coldstream Court
Diamond Bar, CA 91765
APPLICANT: Kevin Yang
9138 Olema Street
Temple City, CA 91780
LOCATION: 841 Coldstream Court, 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 2010-354 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
attornevs fees, incurred in defense of such claims.
Id
DR No, PL 2010-354
(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 2010-354, 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. 2011-19, 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.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation Monitoring)
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DR No. PL 2010-354
A
E.
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 2010-354 expires within two years
from the date of approval if the use has not been exercised as defined per
Diamond Bar Municipal Code (DBMC) Section 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
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 labeled as Attachment 2 including: site plans,
floor plans, and architectural elevations 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.
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.
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DR No. PL 2010-354
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.
2. The applicant shall comply with Standard Urban Water Mitigation Plan (SUSMP)
requirements to the satisfactory 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
The owner shall execute and record a covenant agreement to maintain and hold
the City harmless for all existing improvements in the public right-of-way.
2. The applicant shall submit drainage plans in accordance with the City's
requirements for the City's review and approval. Note that any grading in excess of
50CY total (Cut + fill) will require grading plan check and is subject to grading plan
check conditions.
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. 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.
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DR No. PL 2010-354
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any flood
hazard area shall be submitted. All drainage/runoff from the development shall be
conveyed from the site to the natural drainage course. No on-site drainage shall
be conveyed to adjacent parcels, unless that is the natural drainage course.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 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. 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.
3. 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.
4. This permit applies to a first floor addition only. All other improvements including
site improvements are under separate permit.
5. Indicate all easements on the site plan.
6. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
7. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
8. Specify location of tempered glass as required by code.
9. A soils letter or compaction report will be required to approve the foundation
support materials.
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DR No. PL 2010-354
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Emergency access shall be provided, maintaining free and clear, a minimum 28
foot at all times during construction in accordance with Fire Department
requirements.
2. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water supply
for fire protection is available pending completion of the required fire protection
system.
3. All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained serviceable
throughout construction.
END
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DR No. PL 2010-354
PLANNING COMMISSION RESOLUTION NO. 2011-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. PL 2010-354 TO ADD 728 SQUARE FEET TO AN EXISTING 1,884 SQUARE- FOOT, SINGLE-FAMILY RESIDENCE ON A
0.47 GROSS ACRE (20,651 SQUARE -FOOT) LOT LOCATED AT 841 COLDSTREAM COURT, DIAMOND BAR, CA 91765 (APN 8701-044-
033).
A. RECITALS
1. The property owner, Chiou Y. Lin, and applicant, Kevin Yang, have filed an application for Development Review No. PL
2010-354 to add 728 square feet to the first floor of an existing 1,884 square -foot single family residence located at 841 Coldstream
Court, 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 20,651 square feet (0.47 gross acres). It is located in the Low
Density Residential (RL) zone with an underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 42576 Lot 39. The Assessor's Parcel Number is 8701-044-033.
4. On July 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 500 -foot radius of the
Project site and public notices were posted at the City's designated community posting sites on July 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 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 15301(e) (additions to an existing structure of
less than 10,000 square feet) of the CEQA guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48,
this Planning Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
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 existing single-family residence is a permitted use in the RL zone. The proposed addition of 728 square feet to an existing
1,884 square -foot single-family residence complies with the Development Standards of the Low Density Residential (RL) zoning
district and is consistent with the applicable elements of the City's General Plan and City Design Guidelines.
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 addition will not interfere with the use and enjoyment of neighboring existing or future developments because the
use of the project site has an existing single-family home and the surrounding uses are also single-family homes.
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 existing architectural style is a 1980s tract home design with hipped roofs, concrete roof tiles, wood siding, stucco walls, and
vinyl windows. The proposed addition will maintain the existing architectural style and is consistent with the development standards
for the site and surrounding neighborhood.
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 proposed addition is sensitive to the scale and character of the neighborhood. Variation in the building elements
has been achieved through the utilization of varying architectural features and building materials, such as, hipped roofs, concrete
roof tiles, wood siding, stucco walls, and vinyl windows„
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
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DR No. PL 2010-354
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 (e) (additions to an existing structure of less than 10,000 square feet) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby approves the proposed Project, subject to
the following conditions and attached standard conditions:
1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public
hearing; and
2. 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, Chiou Y. Lin, 841
Coldstream Ct., Diamond Bar, CA 91765; and the applicant, Kevin Yang, 9138 Olema St., Temple City, CA 91780.
APPROVED AND ADOPTED THIS 12th DAY OF JULY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack Shah hairman
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: NOES: ABSENT: ABSTAIN:
Commissioners: NELSON, TORNG, CHAIR/SHAH
Commissioners: NONE
Commissioners: UN, VC/LEE
Commissioners: NONE
ATTEST:
3
t./
Greg Gubman, ecretary
DR No. PL 2010-354
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-354
SUBJECT: Addition of 728 square feet to an existing 1,884 square -foot, single- family residence.
PROPERTY Chiou Y. Lin
OWNER(S): 841 Coldstream Court Diamond Bar, CA 91765
APPLICANT: Kevin Yang
9138 Olema Street
Temple City, CA 91780
LOCATION: 841 Coldstream Court, 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 2010-354 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.
4
DR No. PL 2010-354
(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 2010-354, 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. 2011-19, 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.
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)
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DR No. PL 2010-354
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 2010-354 expires within two years from the date of approval if the use has not been
exercised as defined per Diamond Bar Municipal Code (DBMC) Section 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 labeled as Attachment 2 including: site plans, floor plans,
and architectural elevations 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.
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.
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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.
2. The applicant shall comply with Standard Urban Water Mitigation Plan (SUSMP) requirements to the satisfactory 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. The owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing
improvements in the public right-of-way.
2. The applicant shall submit drainage plans in accordance with the City's requirements for the City's review and approval.
Note that any grading in excess of 500Y total (Cut + fill) will require grading plan check and is subject to grading plan check
conditions.
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. 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.
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C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels, unless that is the natural drainage course.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered
arborist.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 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. 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.
3. 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.
4. This permit applies to a first floor addition only. All other improvements including site improvements are under separate
permit.
5. Indicate all easements on the site plan.
6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags,
etc.)
7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum
slope.
8. Specify location of tempered glass as required by code.
9. A soils letter or compaction report will be required to approve the foundation support materials.
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APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in
accordance with Fire Department requirements.
2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire
Department that temporary water supply for fire protection is available pending completion of the required fire protection system.
3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
END
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