HomeMy WebLinkAboutPC 2012-24----------------
1 The property owner, Ran Song, and applicant, Twen Ma, have filed an
application for Development Review No. PL2012-237 to construct a
708 square -foot first story addition and 3,368 square -foot second story
addition to an existing 6,682 square -foot, two-story residence, located
at 23942 Falcons View 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 48,787 square
feet (1.12 gross acres). It is located in the Rural Density Residential
(RR) zone with an underlying General Plan land use designation of
Rural Density Residential.
3. The legal description of the subject property is Lot 18 of Tract 30577.
The Assessor's Parcel Number is 8713-039-018.
4. On November 30, 2012, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland Vallev
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 30, 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 December 11, 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:
1 The Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct;
and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to the provisions of
Article 19, Section 15301(e)(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 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 708 square -foot first story
addition and 3,368 square -foot second story 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 front setback. The
front setback will maintain the existing nonconforming setback, and will
not further encroach into the nonconforming setback. The proposed
second story addition is set back 38' from the front property line.
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Development Review No. PL2012-237
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
developments, and will not create traffic or pedestrian hazards;
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the
project site 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 Mediterranean. The
applicant is proposing to add floor area to the existing home while
maintaining consistency with the current design. The proposed addition
is designed to be compatible with the character of the eclectic
neighborhoods in The Country Estates. 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 Mediterranean.
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. PL2012.237
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:
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, Ran Song, 23942 Falcons View
Drive, Diamond Bar, CA 91765; and the applicant, Twen Ma, 195
Mount Olive Drive, Bradbury, CA 91008.
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Development Review No, PL2012-237
APPROVED AND ADOPTED THIS 11" DAY OF DECEMBER 2012, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jimmy Lin, C61�airmaAn,
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 11th day of December, 2012, by the following
vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
Farago, Shah, Torng, Chair/Lin
None
Nelson
None
5
Development Review No. PL.2012-237
COMMUNITY DEVELOPMENT DEPARTMENI
USE PERMITS9 COMMERCIAL AND RESIDENTIAL NEW
AND REMODELED STRUCTURES
PROJECT #: Development Review No. PL2012-237
SUBJECT: To construct a 706 square -foot first story addition and 3,368
square foot second story addition to an existing single
family residence on a 1.12_ gross acre (48,787 sguarejoot)
lot
ii)ROPERTY agn SonA
41WNER(S): 23942 Falcons View Drive,
Diamond Bar, CA 91765
APPLICANT: Twerr-dia
195 Mount Olive Dr.
Bradbury, CA 91008
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:
rlllfu<.�
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. PL2012-237 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 PL2012-237
(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. PL2012-237, 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. 2012-24,
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
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Development Review No. PL2012-237
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.
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. PL2012-237 expires within
two years from the date of approval if the use has not been exercised
as defined per Diamond Bar Municipal Code (DBMC)
Section 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to DBIVIC Section 22.60.050(c) for Planning
Commission approval.
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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
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Development Review No, PL2012-237
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,
improvements damaged during
replaced upon project completion.
E. SOLID WASTE
architectural features and public
construction shall be repaired or
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. GENERAL
a. An Erosion Control Plan shall be submitted concurrently with the
drainage 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.
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Development Review No PL2012-237
b. 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.
a. 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.
3. UTILITIES
a. Underground utilities shall not be constructed within the drip line
of any mature tree except as approved by a registered arborist.
F, 10 0 0 ETA a--ffe- b_#121
a. Any homeowner that installs a new septic tank system, repairs
an existing septic tank or adds any plumbing fixture units or
bedroom equivalents to the facility served by an existing septic
system will need to submit a Notice of Intent (NOI) to the
Regional Water Quality Control Board for Waste Discharge
Requirements and submit a copy of the sent NOI and check to
the City prior to issuance of City Permits. The Applicant shall
show the septic tank location, size and details on the plans. The
Los Angeles County Department of Public Health, California
Water Control Board and the City's Geotechnical Engineer shall
approve these plans prior to the issuance of any permits. The
property owner shall be required to sign and record the City's
Covenant for use of a septic system.
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
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Development Review No PL2012-237
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 DBMC Section 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 drawings and calculations prepared by a
California State licensed Architect/Engineer with wet stamp and
signature.
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Development Review No PL2012-237
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. Indoor air quality shall be provided consistent with ASHRAE 62.2
as required per California Energy Code 150(0).
13. Only one single family dwelling per CBC 202 is allowed on this
property unless specifically approved otherwise.
14. Where modifications to the site occur, all site areas that have a
drop of over 30" shall be provided with a guardrail per CBC 1013
and a handrail is required at all steps/stairs with four or more
risers and shall meet CBC 1012.
15. A height and setback survey may be required at completion of
framing and foundations, respectively.
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. All balconies shall be designed for 601b. live load.
18. Guardrails shall be designed for 20 load applied laterally at the
top of the rail.
19. Indicate all easements on the site plan.
20. 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 '/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.
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Development Review No. PL2012-237
e. If landscaping is proposed as part of this scope of work, Fuel
Modification plans shall be approved through Los Angeles
County Fire Fuel Modification Unit.
21. Check drainage patterns with Engineering Department. Surface
water shall drain away from building at a 2% minimum slope.
22. Specify location of tempered glass as required by code.
23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved
water proofing material. Also, provide guardrail connection detail
(height, spacing, etc.)
24. Private property septic system shall be approved by the Los
Angeles County Health Department and the California Water
Control Board. The existing septic system shall be verified
adequate by the LA County Health Department and CA Water
Control Board before permit issuance. Modifications to the
existing unit may be required.
25. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
26. A soils report is required and all recommendations of the soils
report shall be adhered to.
27. 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.
28. AQMD notification is required at least 10 days prior to any
demolition.
29. All workers on the job shall be covered by workmen's
compensation insurance under a licensed general contractor.
30. Any changes to approved plans during the course of construction
shall be approved by the City prior to proceeding with any work.
31. The theater and gym room shall provide light and ventilation
meeting CBC 1203 and 1205.
32. Each area for sleeping shall have a window or door that meets
the emergency egress provisions as required per CBC 1029.
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Development Review No PL2012-237
33. Interior pools shall have a ventilation system capable of
providing exhaust ventilation. See CIVIC T-4-1 and T-4-4.
34. Carbon monoxide detectors are required in halls leading to
sleeping rooms per CRC R315.
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Development Review No. PL2012-237