HomeMy WebLinkAboutPC 2013-25PLANNING COMMISSION
RESOLUTION NO. 2013-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL 2012-475 TO CONSTRUCT A 573 SQUARE -FOOT ADDITION
TO AN EXISTING TWO-STORY, SINGLE-FAMILY RESIDENCE ON A
1.60 GROSS ACRE (69,696 •, .R LOT LOCATED AT
23223 RIDGE LINE ROAD, DIAMOND BAR, CA 91765
(APN 8713 005-016).
A. RECITALS
1. The property owner, Justin Chien, and applicant, Jack Wu, filed an
application for Development Review No. PL2012-475 to construct a
573 square -foot addition to an existing 4,254 square -foot single-family
residence located at 23223 Ridge Line Road, 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 69,696 square feet
(1.60 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 Lot 40 of Tract 30091. The
Assessor's Parcel Number is 8713-005-016.
4. On August 16, 2013, 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
August 16, 2013. 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 August 27, 2013, the Planning Commission of the City of Diamond Bar
opened the public hearing to accept testimony from the public. The item
was then continued to give the property owner the opportunity to consider
removing the rear pad.
6. On November 1, 2013, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland Valley
DailV 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 1, 2013.
7. On November 12, 2013, 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.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301(e) (additions to existing structures) of the CEQA
Guidelines. Therefore, no further environmental review is required.
B. 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 573 square -foot addition to the
existing single family residence is consistent with the City's General Plan,
City Design Guidelines and development standards by complying with all
of the setbacks and requirements of the City's development code. The
proposed addition does not further encroach into the front and rear
setbacks.
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Planning Commission Resolution No. 2013-25
'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. /n addition, numerous trees ---including
protected species—will remain by not constructing a buildable pad in the
rear yard.
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 modern with Mediterranean
influences. The applicant is proposing to add to the existing basement
and first story of an existing home and a /oft and storage area on the
second story 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 existing home.
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 modem with
Mediterranean influences. Consistent building elements have been
achieved through the utilization of similar architectural features and
building materials.
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Planning Commission Resolution No. 2013-25
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:
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.
7hrough the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements
in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA):
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (additions to existing structures) 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. 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, Justin Chien, 2880 Woodbridge Court,
Diamond Bar, CA 91765; and applicant, Jack Wu, 10410 Lower
Azusa Road, #203, EI Monte, CA 91731.
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Planning Commission Resolution No. 2013-25
APPROVED AND ADOPTED THIS 12TH DAY OF NOVEMBER 2013, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
To ChairM
ny,TOrng,
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 12th day of November, 2013, by the following vote-,
AYES: Commissioners: Dhingra, Lin, Shah, VC/Farago, Chair/Torng
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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DR No PL 2012-475
DIAM011�D=8� DEPARTMENT
,
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED - .
PROJECT #: Development Review No. PL 2012-475
SUBJECT: To construct an 573 square -foot addition to an existing single
family residence.
PROPERTY Justin Chien
OWNER(S): 2880 Woodbridge Court
Diamond Bar, CA 91765
APPLICANT: Jack Wu
10410 Lower Azusa Road, #203
EI Monte, CA 91731
LOCATION: 23223 Ridge Line 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:
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 2012-475 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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DR No PL 2012-475
(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 has filed, within twenty-one (21) days of
approval of this Development Review No. PL2012-475, at the City of
Diamond Bar Community Development Department, an affidavit stating
that the applicant/owner is 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, 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. 2013-25, 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, grading and architectural plans
incorporating all Conditions of Approval — if applicable — 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. 2013-25
11. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department and
Mitigation Monitoring) at the established rates, prior to issuance of building
or grading permit (whichever conies 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. PL2012-475 expires within two
years from the date of approval if the use has not been exercised as
defined pursuant to Diamond Bar Municipal Code Section
(DBMC) 22.66.050 (b)(1). In accordance with DBMC Section 22.60.050
(c), the applicant may request, in writing, a one-year time extension for
Planning Commission consideration. Such a request must be submitted to
the Planning Division prior to the expiration date and be accompanied by
the review fee in accordance with the Fee Schedule in effect at the time of
submittal.
D. SITE DEVELOPMENT
1. This approval is for the site plan, elevations, and exterior materials for the
construction of a 573 square -foot addition at 23223 Ridge Line Road, as
described in the staff report and depicted on the approved plans on file
with the Planning Division, subject to the conditions listed below.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below. If the
plan check submittal is not in substantial compliance with the approved
Development Review submittal, the plans may require further staff review
and re -notification of the surrounding property owners, which may delay
the project and entail additional fees.
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Planning Commission Resolution No. 2013-25
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when
work for any phase of the project has been completed. The applicant shall
inform the Planning Division and schedule an appointment for such an
inspection.
4. The above conditions shall run with the land and shall be binding upon all
future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed
as a condition of the approval shall constitute a violation of the City's
Development Code. Violations may be enforced in accordance with the
provisions of the Development Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to obtain
a building final and/or a certificate of occupancy until full compliance is
reached. The City's requirement for full compliance may require minor
corrections and/or complete demolition of a non-compliant improvement,
regardless of costs incurred where the project does not comply with
design requirements and approvals that the applicant agreed to when
permits were pulled to construct the project.
6. 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, on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
7. 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.
8. All roof -mounted equipment shall be screened from public view.
9. 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.
10. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
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Planning Commission Resolution No. 2013-25
I ' i7INIO2YEA I9
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 7:00 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.
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 natural drainage course. No on-site drainage shall be conveyed to
adjacent parcels, unless that is the natural drainage course.
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Planning Commission Resolution No. 2013-25
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 if submitted prior
to 2014 or 2013 if submitted on or after 2014 - 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. If submitted after January 1, 2014, the California Green Building Code shall apply
and green building measure shall be implemented onto plans.
4. 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.
5. 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.
6. The project shall be protected by a construction fence to the satisfaction of the
Building Official. All fencing shall be view obstructing with opaque surfaces.
7. 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.
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 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).
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Planning Commission Resolution No, 2013-25
12. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per
California Energy Code 150(o).
13. 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 4 or more risers and
shall meet CBC 1012.
14. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
15. No retaining walls are proposed under this scope of work and other detached
structures such as the BBQ area shall be by separate permit.
16. A height and setback survey may be required at completion of framing and
foundations respectively.
17. 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.
18. All balconies shall be designed for 601b. live load.
19. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
20. Indicate all easements on the site plan.
21. All retaining walls shall be submitted to the Building and Safety and Public Work
Departments for review and approval.
22. 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.
23. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
24. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
25. Specify location of tempered glass as required by code.
26. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
27. Special inspections and structural observation will be required in conformance to
CBC 1704 to 1709.
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Planning Commission Resolution No. 2013-25
28. A soils report is required and all recommendations of the soils report shall be
adhered to.
29. Slope setbacks consistent with California Building Code Figure 1805.3.1 and
California Residential Code R403.1.7. Foundations shall provide a minimum
distance to daylight.
30. 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.diqalert.orq.
31. The location of property lines and building pad may require a Survey.
32. AQMD notification is required at least 10 days prior to any demolition.
33. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor.
34. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
35. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
36. The existing electrical service shall be justified to the capacity if a new panel
upgrade is required.
37. The use of this structure shall be for single family use only and only one kitchen
is allowed. The lower level and first floor bar shall not be used as a kitchen.
Only one kitchen is allowed on the upper/first level.
38. The area at the lower level "vanity" in front of the exercise room (near line W.5)
shall be defined as non-habitable/non-usable crawlspace.
39. An analysis of the improved area beyond the original building permit shall be
provided to the Building Official. Any discrepancy with the square footage shall
be legalized by providing evidence to the Community Development Department
that provides a clarification of the discrepancy. 'The discrepancy between the
original building permit, that listed as existing, and addition area shall be resolved
prior to permit issuance.
40. The door between the existing garage and house shall be a self-closing one-hour
rated door.
F41191
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Planning Commission Resolution No. 2013-25