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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2012-177 TO CONSTRUCT A 383 SQUARE -FOOT ADDITION
TO THE FRONT OF AN EXISTING 2,718 SQUARE -FOOT SINGLE
FAMILY RESIDENCE ON A 2.29 GROSS ACRE (100,100 SQUARE -
FOOT) LOT LOCATED AT 2226 RUSTY PUMP ROAD, DIAMOND BAR,
CA 91765 (APN 8713-034-020).
RECITALS
The property owner, Clarence Lui, a
application for Development ReviE
383 square -foot addition to an exis
residence, located at 2226 Rusty
County of Los Angeles, California.
subject Development Review shall
"Project."
id applicant, Xin Wang, have Tiled an
w No. PL2012-177 to construct a
ting 2,718 square -foot single-family
Pump Road, City of Diamond Bar,
Hereinafter in this resolution, the
collectively be referred to as the
2. The subject property is made up of one parcel totaling 100,100 square
feet (2.29 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 23483 Lot 46. The
Assessor's Parcel Number is 8713-034-020.
4. On November 2, 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 1,000 -foot radius of the Project site and public notices
were posted at the City's designated community posting sites on
November 2, 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 November 13, 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
Categorically Exempt from the provisions of the California
Quality Act (CEQA) pursuant to
Section 15301(e)(2)(b) (additions to exi
addition will not result in an increase of
the area in which the project is located is
the CEQA Guidelines. Therefore, no
required.
Project to be
Environmental
the provisions of Article 19,
sting structure provided that the
more than 10,000 square feet if
not environmentally sensitive) of
further environmental review is
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 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 383 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 and building height. The design maintains architectural
interest by incorporating a symmetrical window pattern on the new front
fagade. The gabled roof design of the front entry is integrated by creating
a cross -gabled element to match the height of the existing roof.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
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Planning Commission Resolution No. 2012-23
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 the addition will not extend beyond existing exterior
walls lines or height. Therefore, no mobility hazards will result in
conjunction with this project.
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 exterior remodel and addition to the existing single-family home is
designed to be compatible with the character of the eclectic
neighborhoods in The Country Estates. It is designed in a contemporary
style of architecture with segmented roof slopes. The design of the upper
floor addition will be compatible with the character of the surrounding
neighborhood. In addition, the proposed front porch area is approximately
six feet below the street level and therefore will not create a negative
visual impact from the street. 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 exterior remodel and addition to the existing single-
family home is a contemporary style of architecture. Variation in the
building elements has been achieved through the utilization of varying
architectural features in conjunction with matching 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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Planning Commission Resolution No. 2012-23
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, Clarence Lui, 2226 Rusty Pump Road,
Diamond Bar, CA 91765; and the applicant, Xin Wang,
19834 Camino de Rosa, Walnut, CA 91789.
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Planning Commission Resolution No. 2012-23
APPROVED AND ADOPTED 'THIS 13" DAY OF NOVEMBER 2012, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
,Jimmy Lin, 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 13th day of November, 2012, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
Farago, Torng, VC/Nelson, Chair/Lin
None
Shah
None
5
Development Review No, PL2012-177
COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITSCOMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2012-177
SUBJECT: To construct 383 square -foot addition to an existing single family
residence on a 2.29 gross acre (100,100 square -foot) lot.
PROPERTY Clarence -Lui
OWNER(S): 2226 Rusty Pump Road
Diamond Bar, CA 91765
APPLICANT: ?jWang
19834 Camino de Rosa
City of Walnut, CA 91789
LOCATION: 2226 Rusty Pump Road, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 2012-177 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
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Planning Commission Resolution No. 2012-23
(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 2012-177, 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. 2012-23, 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.
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Planning Commission Resolution No, 2012-23
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
U
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 2012-177 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
DBIVIC 22.60.050(c) for Planning Commission approval.
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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Planning Commission Resolution No. 2012-23
E.
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
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:
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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Planning Commission Resolution No. 2012-23
natural drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
C. 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. 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.
3. 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.
4. 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.
5. The project shall be protected by a construction fence to the satisfaction of
the Building Official.
6. 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.
7. 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.
8. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
9. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
10. 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
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Planning Commission Resolution No. 2012-23
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
11. 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).
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 per
CBC Chapter 7A.
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.
15. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
16. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
17. Specify location of tempered glass as required by code.
18. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
19. A height and setback survey may be required at completion of framing and
foundations respectively.
20. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
21. A soils report is required and all recommendations of the soils report shall be
adhered to.
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Planning Commission Resolution No. 2012.23
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. Light and ventilation shall comply with CBC 1203 and 1205.
27. Carbon monoxide detectors are required in halls leading to sleeping rooms
per CRC R315.
28. The electrical service shall be verified as to adequacy for addition area.
29. Work is limited to addition of 2nd floor, removing loft, and modifying a study to
stair. The only work to the first floor is modifying the study area and no work
is proposed on the basement.
30. Structural design and modifications to the existing first floor ceiling as a result
of the second floor addition shall be specifically shown on plan.
31. The second floor bedroom windows shall maintain emergency egress and
have a maximum sill height of 44". Any deviation will require removal and
reconstruction to the required sill height.
ME
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Planning Commission Resolution No. 2012-23