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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIE
NO. PL 2012-395 TO CONSTRUCT AN 812.5 SQUARE -FOO
ADDITION TOAN EXISTING 1,417 SQUARE -FOOT SINGLE FAMIL
RESIDENCE ON A 0.23 GROSS ACRE (10,198 SQUARE -FOOT) LO
LOCATED AT 608 SKY COURT, DIAMOND BAR, CA 91765 (APN 828
043-027).
A. RECITALS
1. The property owner, Larry Holden, and applicant, Kenn Coble, on behalf
of ProBuilder, have filed an application for Development Review
No. PL2012-395 to construct an 812.5 square -foot addition to an existing
1,417 square -foot single-family residence, located at 608 Sky 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 10,198 square feet
(0.23 gross acres). it is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low
Medium Density Residential.
3. The legal description of the subject property is Tract 42583 Lot 9. The
Assessor's Parcel Number is 8281--043-027.
4. On September 28, 2012, 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 September 28,
2012. 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 October 9, 2012, 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.
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.2.b) (additions to existing structure provided that the
addition will not result in an increase of more than 10,000 square feet if
the area in which the project is located is not environmentally sensitive) 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) Sections 22.48, this Planning Commission
hereby finds as follows:
Development Revietion 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 812.5 square -foot addition to the
existing single family residence is consistent with the City's General Plan,
City Design Guidelines and development standards by meeting all
required setbacks except the pre-existing non -conforming setbacks. The
side setback and distance to the structures on the adjacent lot to the south
will maintain the existing nonconforming setbacks, and will not further
encroach into the nonconforming setback. The project maintains the
existing height of the building.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
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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 is designed for a single-family home and the surrounding uses
are also single-family homes.
The proposed addition 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 is a continuation of an existing use.
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 of the home is 1980s tract design. The
applicant is proposing to add floor area to the existing home while
maintaining consistency with the current design. The project is designed to
be compatible and complementary to the neighborhood by keeping similar
architectural details of the neighboring existing tract homes. There is no
specific plan for this area.
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 existing single-family home is a 1980s tract style.
Consistent building elements have been achieved through the utilization of
similar architectural features and building materials.
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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Development Review No. PL202-395
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 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.2.b) (additions to existing structure provided that the
addition will not result in an increase of more than 10,000 square feet if
the area in which the project is located is not environmentally sensitive) 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 regarding this
proposed project.
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, Larry Holden, 608 Sky Court, Diamond
Bar, CA 91765; and the applicant, Kenn Coble, Pro Builders,
449 W. Allen Avenue #109, San Dimas, CA 91773.
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Development Review No. PL2012-395
APPROVED AND ADOPTED THIS 9" DAY OF OCTOBER 2012, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jimmy, Lin, tannin Commission Chairman
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 9th day of October, 2012, by the following vote:
AYES: Commissioners: Farago, Shah, Torng, VC/Nelson, Chair/Lin
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gub6i—an, Secretary
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Development Review No. PL2012-395
C
V OMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AN*
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2012-395
SUBJECT: To construct an 812.5 square -foot addition to an existing single
family residence on a 0.23 gross acre (10,198 square -foot) lot
PROPERTY Larry Holden
OWNER(S): 608 Sky Court
Diamond Bar, CA 91765
APPLICANT: Pro Builder
Kenn Coble
449 W. Allen Avenue #109
San Dimas, CA 91773
40 Eau=
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 2012-395 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:
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Development Review No PL2012-395
(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.
(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 2012-395, 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. 2012-18, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
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Development Review No PL2012-395
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.
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 2012-395 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.
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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.
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:
011000�-•
1. Prior to Building Permit issuance, an Erosion Control Plan shall be submitted
concurrently with the drainage plan clearly detailing erosion control measures
for review and approval. 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. 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. In addition, all
construction equipment shall be properly muffled to reduce noise levels.
1. Detailed drainage system information of the lot shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the
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Development Review No PL2012-395
natural drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (90 9) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A soils letter/memorandum shall be provided to Building and Safety prior
to/at foundation inspection.
2. The applicant shall be responsible for verifying the 10' and 7' setback notated
on plans are verified prior to trenching footings. A survey may be required if
deemed necessary by the building inspector.
3. The applicant shall ensure that proper drainage has been verified to flow
away from property lines and building structures prior to permit issuance.
4. Pool barriers are required to remain in-place at all times including during
construction.
5. The electrical panel shall be verified that it is capable of supporting the
additional electrical loading and if it does not a panel upgrade will be
required.
6. 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.
7. Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within 180
days from the date of such permit or work has discontinued and not been
signed -off on the job card by the building inspector.
8. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Monday - Saturday between the hours of 7:00 a.m. and 7:00 p.m.
9. The project and construction material shall be protected by a construction
fence to the satisfaction of the Building Official. All fencing shall be view
obstructing with opaque surfaces.
10. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
11. Existing fencing shall remain in-place during construction including pool
barrier fencing. Any alteration of the fencing may result in a discontinuation
of construction until the fences are returned to its original state.
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Development Review No PL2012-395
12. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
13. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
14. The minimum design load for wind in this area is 85 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.
15. 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 119 and 150(k).
16. Prior to Building permit issuance, all school district fees must be paid.
Please obtain a form from the Building and Safety Division to take directly to
the school district.
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. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
22. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
23. AQMD notification is required at least 10 days prior to any demolition.
24. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
25. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
26. Carbon monoxide detectors are required in halls leading to sleeping rooms
per CRC R315.
END
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Development Review No, PL2012-395