HomeMy WebLinkAboutPC 2011-20PLANNING COMMISSION
RESOLUTION NO. 2011-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL 2010-316 TO CONSTRUCT A NEW 12,290 SQUARE -FOOT
SINGLE FAMILY RESIDENCE WITH AN ATTACHED SIX -CAR
GARAGE TOTALING 1,260 SQUARE FEET ON A 1.36 GROSS ACRE
(59,433 SQUARE -FOOT) LOT LOCATED AT 3015 WAGON TRAIN
DRIVE, DIAMOND BAR, CA 91765 (APN 8713-014-007).
A. RECITALS
1. The property owner, Barry Duan, and applicant, Robert Tsay, have filed
an application for Development Review No. PL 2010-316 to construct a
new 12,290 square -foot single family residence with an attached six -car
garage totaling 1,260 square feet located at 3015 Wagon Train Drive, City
of Diamond Bar, County of Los Angeles, California. Hereinafter in this
resolution, the subject Development Review shall collectively be referred
to as the "Project."
2. The subject property is made up of one parcel totaling 59,433 square feet
(1.36 gross acres). It is located in the Rural Residential (RR) zone with an
underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 30289 Lot 19. The
Assessor's Parcel Number is 8713-014-007.
4. On July 15, 2011, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property
owners within a 1,000 -foot radius of the Project site and public notices
were posted at the City's designated community posting sites on July 15,
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 26, 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 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 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 design and layout of the proposed 12,290 square -foot single family
residence with an attached six -car garage totaling 1,260 square feet is
consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all of the setbacks and requirements
of the City's development code.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments,
and will not create traffic or pedestrian hazards;
The proposed single-family residence will not interfere with the use and
enjoyment of neighboring existing or future developments because the
use of the project site is designed for a single-family home and the
surrounding uses are also single-family homes.
2
DR & TP No. PL 2010-316
The proposed single-family home will not interfere with vehicular or
pedestrian movements, such as access or other functional requirements
of a single-family home because it complies with the requirements for
driveway widths and grades.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development
contemplated by Chapter 22.48: Development Review Standards, the
City's Design Guidelines, the City's General Plan, or any applicable
specific plan;
The new single-family home is designed to be compatible with the
character of the eclectic neighborhoods in The Country Estates. it is
designed in the Tuscan style of architecture with earth -tone shades for the
exterior finish to soften the building's visual impact and assist in
preserving the hillside's aesthetic value.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing;
The design of the new single-family home is a Tuscan style of
architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features, building materials,
and landscaping.
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values
or resale(s) of property) to the properties or improvements in the vicinity;
and
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution, and the
Building and Safety Division and Public Works Departments, and Los
Angeles County Fire Department requirements. Through the permit and
inspection process, the referenced agencies will ensure that the proposed
project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
3
DR & TP No. PL 2010-316
Section 15303 (a) (Construction of a New Single Family Residence) of the
CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing;
2. During construction, the applicant shall install temporary five-foot high
chain link fence located five feet outside the drip line of eight California
Black Walnut trees to protect them from construction activity. The fencing
shall be shown on the grading plan and other applicable construction
documents;
3. 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;
4. Prior to building permit issuance, landscape and irrigation plans shall be
reviewed and approved by the City's Consulting Landscape Architect; and
5. 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, Barry Duan, 3012 Aviano Court, Chino
Hills, CA 91709; and the applicant, Robert Tsay, LCT Design Group
Inc., 112 Earle Street, San Gabriel, CA 91775.
4
DR & 7P No. PL 2010-316
APPROVED AND ADOPTED THIS 26" DAY OF JULY 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Kwang Ho LeV, Vice 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 26th day of July, 2011, by the following vote:
AYES: Commissioners: Lin, Nelson, Torng, VC/Lee
NOES: Commissioners: None
ABSENT: Commissioners: Chair/shah
ABSTAIN: Commissioners: None
ATTEST: &,e Z , V'" C4 -
Greg Gubman, Secretary
5
DR & TP No. PL 2010-316
COMMUNITY DEVELOPMENT DEPARTMENT
� .., �
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-316
SUBJECT: To construct a new 12,290 square -foot single family residence with
an attached six -car garage totaling 1,260 square feet on a 1.36
gross acre lot.
PROPERTY Barry Duan
OWNER(S): 3012 Aviano Ct
Chino Hill, CA 91709
APPLICANT: Robert Tsay
LCT Design Group Inc.
112 N. Earle St
San Gabriel, CA 91775
LOCATION: 3015 Windmill Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT,
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. PL 2010-316 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.
6
DR No. PL 2010-269
(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 2010-316, 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. 2011-20, 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.
7
DR No PL 2010-289
B. 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.
C. TIME LIMITS
The approval of Development Review No. PL 2010-316 expires within two
years from the date of approval if the use has not been exercised as defined
per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to
DBMC 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
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 referenced as 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.
8
DR No. PL 2010-289
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.
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.
9
DR No. PL 2010-289
2. Upon approval of the geotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
from the Public Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to DBMC Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the grading
plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall be
submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a six foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of 15
percent shall incorporate grooves for traction into the construction as required
by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan with
native grasses or planted with ground cover, shrubs, and trees for erosion
control upon completion of grading or some other alternative method of erosion
control shall be completed to the satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
10. 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.
10
DR No. PL 2010-289
12. Rough grade certifications by project soils and civil engineers and the as -
graded geotechnical report shall be submitted for review and approval prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be submitted
to the Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development
shall be conveyed from the site to the natural drainage course. No on-site
drainage shall be conveyed to adjacent parcels, unless that is the natural
drainage course.
2. Prior to the issuance of a grading permit, a hydrology and hydraulic study shall
be prepared by a Civil Engineer registered in the State of California to the
satisfaction of the City Engineer.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
E. SEWERS/SEPTIC TANK
Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City. Sewer plans shall be submitted for review
and approval by the City Building and Safety Department.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 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. 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.
11
DR No. PL 2010-289
5. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
6. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
7. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code.
8. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
9. "Separate permits are required for pool, spa, pond, fountains, retaining walls,
fences over 6' in height, detached patio covers, outdoor fireplaces, tennis court
lights, and tennis court" and shall be noted on plans.
10. A height survey may be required at completion of framing.
11. All balconies shall be designed to meet the minimum live load requirements.
12. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
13. Indicate all easements on the site plan.
14. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located in
High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or more
than 1/2 inch in any dimension except where such openings are equipped
with sash or door.
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.
15. All retaining walls shall be submitted to the Building & Safety and Public Work
Departments for review and approval.
16. Submit grading plans showing clearly all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to submitting a
pad certification.
12
DR No PL 2010-289
17. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
18. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
19. Specify location of tempered glass as required by code.
20. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
21. Bodies of water that are greater than 18" in depth shall have the required
barriers to prevent unintentional access per CBC 3904.4.
22. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
23. A soils report is required and all recommendations of the soils report shall be
adhered to.
24. Slope setbacks consistent with California Building Code Figure 1805.3.1.
Foundations shall provide a minimum distance to daylight.
25. 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.
26. Handrails and guardrails shall be provided at all drops over 30" including
landscaped areas.
27. AQMD notification shall be provided within 10 -days of demolition. Proof is
required to be submitted to the Building Division.
28. The third floor means of egress distance shall be no more than 50' as per
CRC R311.4.
29. There shall only be one main kitchen area allowed in a single dwelling unit.
30. The home theater room shall be provided with natural light and ventilation or
designed mechanical ventilation and artificial lighting approved by Building and
Safety. CRC R303.
31. Flat roofs shall be designed with roof drain and overflow on separate lines.
13
DR No PL 2010-289
32. Retaining walls in close proximity shall be designed with surcharge to the lower
wall.
33. A separate landscape irrigation water meter is required.
END
14
DR No PL 2010-289
PLANNING COMMISSION RESOLUTION NO. 2011-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. PL 2010-316 TO CONSTRUCT A NEW 12,290 SQUARE -FOOT SINGLE FAMILY RESIDENCE WITH AN ATTACHED SIX -
CAR GARAGE TOTALING 1,260 SQUARE FEET ON A 1.36 GROSS ACRE (59,433 SQUARE -FOOT) LOT LOCATED AT 3015 WAGON
TRAIN DRIVE, DIAMOND BAR, CA 91765 (APN 8713-014-007).
A. RECITALS
1. The property owner, Barry Duan, and applicant, Robert Tsay, have filed an application for Development Review No. PL
2010-316 to construct a new 12,290 square -foot single family residence with an attached six -car garage totaling 1,260 square feet
located at 3015 Wagon Train Drive, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the
subject Development Review shall collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 59,433 square feet (1.36 gross acres). It is located in the Rural
Residential (RR) zone with an underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 30289 Lot 19. The Assessor's Parcel Number is 8713-014-007.
4. On July 15, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and
the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of
the Project site and public notices were posted at the City's designated community posting sites on July 15, 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 26, 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 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 design and layout of the proposed 12,290 square -foot single family residence with an attached six -car garage totaling 1,260
square feet is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the
setbacks and requirements of the City's development code.
The project site is not part of any theme area, specific plan, community plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing
or future developments, and will not create traffic or pedestrian hazards;
The proposed single-family residence will not interfere with the use and enjoyment of neighboring existing or future developments
because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes.
2
DR & TI' No. PL 2010-316
The proposed single-family home will not interfere with vehicular or pedestrian movements, such as access or other functional
requirements of a single-family home because it complies with the requirements for driveway widths and grades.
3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood
and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development
Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan;
The new single-family home is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates.
It is designed in the Tuscan style of architecture with earth -tone shades for the exterior finish to soften the building's visual impact
and assist in preserving the hillside's aesthetic value.
4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well
as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing;
The design of the new single-family home is a Tuscan style of architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features, building materials, and landscaping.
5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g.,
negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved
resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department
requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act
(CEQA).
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth
under Article 19
3
DR & TP No. PL 2010-316
Section 15303 (a) (Construction of a New Single Family Residence) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the
following conditions:
1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public
hearing;
2. During construction, the applicant shall install temporary five-foot high chain link fence located five feet outside the drip
line of eight California Black Walnut trees to protect them from construction activity. The fencing shall be shown on the grading
plan and other applicable construction documents;
3. 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;
4. Prior to building permit issuance, landscape and irrigation plans shall be reviewed and approved by the City's Consulting
Landscape Architect; and
5. 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, Barry Duan, 3012 Aviano
Court, Chino Hills, CA 91709; and the applicant, Robert Tsay, LCT Design Group Inc., 112 Earle Street, San Gabriel, CA 91775.
4
DR & TP No. PL 2010-316
APPROVED AND ADOPTED THIS 26th DAY OF JULY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
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 26th day of July, 2011, by the following vote:
AYES: Commissioners: Lin, Nelson, Torng, VC/Lee
NOES: Commissioners: None
ABSENT: Commissioners: Chair! Shah
ABSTAIN: Commissioners: None
ATTEST: Greg Gubman, Secretary
By:
Kwang Ho Le
Vice Chairman
5
DR & TP No. PL 2010-316
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-316
SUBJECT: To construct a new 12,290 square -foot single family residence with an attached six -car garage totaling 1,260 square feet
on a 1.36 gross acre lot.
PROPERTY Barry Duan
OWNER(S): 3012 Aviano Ct Chino Hill, CA 91709
APPLICANT: Robert Tsay
LCT Design Group Inc. 112 N. Earle St
San Gabriel, CA 91775
LOCATION: 3015 Windmill Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of
Development Review No. PL 2010-316 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.
6
DR No. PL 2010-269
(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 2010-316, 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. 2011-20, 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.
7
DR No PL 2010-289
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works
Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes
first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit,
whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review No. PL 2010-316 expires within two years from the date of approval if the use has not been
exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to DBMC 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to,
approved, and amended herein by the Planning Commission, collectively attached referenced as 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.
8
DR No. PL 2010-289
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or
implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to
construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits
from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses
affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall
conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management
Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil
a Storm Water Pollution Prevention Plan (SWPPP) will be needed.
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of
the City Engineer.
3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading
equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading
and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South
Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California,
shall be submitted by the applicant for approval by the City.
9
DR No. PL 2010-289
2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil
Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval.
A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations
shall be submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to DBMC Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the grading plan.
5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and
the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan.
Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a six foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
7 Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades
exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as
required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground
cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be
completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed.
10. 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.
10
DR No. PL 2010-289
12. Rough grade certifications by project soils and civil engineers and the as -
graded geotechnical report shall be submitted for review and approval prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to
the issuance of any project final inspections/certificate of occupancy respectively.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels, unless that is the natural drainage course.
2. Prior to the issuance of a grading permit, a hydrology and hydraulic study shall be prepared by a Civil Engineer registered
in the State of California to the satisfaction of the City Engineer.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered
arborist.
E. SEWERS/SEPTIC TANK
1. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City. Sewer plans shall
be submitted for review and approval by the City Building and Safety Department.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 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. 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.
11
DR No. PL 2010-289
5. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar
Municipal Code 8.16 of Title 8.
6. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and the site is within seismic zone D or E. The
applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and
signature.
7 This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting
shall be high efficacy or equivalent per the current California Energy Code.
8. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining
walls locations.
9. "Separate permits are required for pool, spa, pond, fountains, retaining walls, fences over 6' in height, detached patio covers,
outdoor fireplaces, tennis court lights, and tennis court" and shall be noted on plans.
10. A height survey may be required at completion of framing.
11. All balconies shall be designed to meet the minimum live load requirements.
12. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
13. Indicate all easements on the site plan.
14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your
property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4
inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door.
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.
15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and
approval.
16. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be
issued prior to submitting a pad certification.
12
DR No PL 2010-289
17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags,
etc.)
18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum
slope.
19. Specify location of tempered glass as required by code.
20. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection
detail (height, spacing, etc.)
21. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per
CBC 3904.4.
22. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709.
23. A soils report is required and all recommendations of the soils report shall be adhered to.
24. Slope setbacks consistent with California Building Code Figure 1805.3.1. Foundations shall provide a minimum distance to
daylight.
25. 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.
26. Handrails and guardrails shall be provided at all drops over 30" including landscaped areas.
27. AQMD notification shall be provided within 10 -days of demolition. Proof is required to be submitted to the Building
Division.
28. The third floor means of egress distance shall be no more than 50' as per CRC R311.4.
29. There shall only be one main kitchen area allowed in a single dwelling unit.
30. The home theater room shall be provided with natural light and ventilation or designed mechanical ventilation and
artificial lighting approved by Building and Safety. CRC R303.
31. Flat roofs shall be designed with roof drain and overflow on separate lines.
13
DR No PL 2010-289
32. Retaining walls in close proximity shall be designed with surcharge to the lower wall.
33. A separate landscape irrigation water meter is required. END
14
DR No PL 2010-289