HomeMy WebLinkAboutPC 2013-02The property owner, Rurng Larn Duh, and applicant, Jack Wu, have
filed an application for Development Review No. PL2012-164 to
construct an 11,145 square -foot new single-family residence and to
remove three protected trees and replace them at a minimum 3:1 ratio,
located at 23411 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 68,825 square
feet (1.58 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 46 of Tract 30091.
The Assessor's Parcel Number is 8713-005-022.
4. On January 11, 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 January 11, 2013. In addition to the published and mailed notices,
on January 30, 2013, the project site was posted with a display board
and the notice was posted at three other locations within the project
vicinity.
5. On January 22, 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 allow the applicant additional time to
adequately post the site.
6. On February 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.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct;
and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to the provisions of
Article 19, Section 15303 (a) (Construction of a New Single Family
Residence) of the CEQA Guidelines. Therefore, no further
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed
under Diamond Bar Municipal Code (DBMC) Sections 22.38 and 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 11,145 square -foot single family
residence and garage 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 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;
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Planning Commission Resolution No 2013-02
The proposed single-family residence will not interfere with the use and
enjoyment of neighboring existing or future developments because the
use of the project site is designed for a single-family home and the
surrounding uses are also single-family homes.
The proposed single-family home will not interfere with vehicular or
pedestrian movements, such as access or other functional
requirements of a single-family home because it complies with the
requirements for driveway widths and grades.
3. The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
and enhance the harmonious, orderly and attractive development
contemplated by Chapter 22.48: Development Review Standards, the
City's Design Guidelines, the City's General Plan, or any applicable
specific plan;
The new single-family home is designed to be compatible with the
character of the eclectic neighborhoods in The Country Estates. It is
designed in a contemporary style of architecture with compatible neutral
colors of exterior finish materials to soften the building's visual impact
and assist in preserving the hillside's aesthetic value.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, color, and
will remain aesthetically appealing;
The design of the new single-family home is a contemporary style of
architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features, building
materials, and landscaping.
5. The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative effect on property
values or resale(s) of property) to the properties or improvements in the
vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution,
and the Building and Safety Division and Public Works Departments
requirements.
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Planning Commission Resolution No. 2013-02
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 15303 (a) (Construction of a New Single Family
Residence) of the CEQA guidelines.
Tree Permit Findinq (DBMC Section 22.38.110)
_
1. Preservation of the tree is not feasible and would compromise the
property owner's reasonable use and enjoyment of property or
surrounding land and appropriate mitigation measures will be
implemented in compliance with DBMC Section 22.38.130 (Tree
replacement/relocation standards) below.
Of the 40 existing mature trees on the property, there are 25 protected
trees. Of the 25 protected trees, there are 11 Black Walnut trees and 14
Coast Live Oak trees located on the property. The preservation of
three of the Coast Live Oak trees is not feasible because it would
compromise the design and construction of the project The applicant is
proposing to replace the Coast Live Oak trees with eighteen 24 -inch
box Black Bamboo trees and three 24 -inch box Crape Myrtle trees, for
a total of 21 trees to be planted on-site, exceeding the minimum
required 3:1 ratio for replacement of protected trees. However, a
condition of approval will require that a minimum of 9 of the 21
replacement trees be 24 -inch box Coast Live Oak trees to maintain the
native habitat on the property. The planting of 9 new Coast Live Oak
trees and additional trees will provide sufficient replacement of the
natural landscape.
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. Prior to building permit issuance, the required landscape plan shall be
designed to meet the requirements of the Los Angeles County Fire
Department's Fuel Modification Plan Guidelines in terms of plant
selection, placement and maintenance. The final landscape and fuel
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Planning Commission Resolution No. 2013-02
modification plans shall be submitted to the Los Angeles Fire
Department for review and approval;
3. Prior to building permit issuance, landscape and irrigation plans shall be
reviewed and approved by the City's Consulting Landscape Architect
and shall comply with the Water Conservation Landscaping Ordinance;
4. Prior to the issuance of a demolition, grading or building permit, the
existing protected trees to be retained in close proximity to construction
activities shall be enclosed by chain link fencing with a minimum height
of five feet or by another protective barrier approved by the Community
Development Director. Barriers shall be placed at least five (5) feet
outside the drip line of trees to be protected. The fencing plan shall be
shown on the grading plan and other applicable construction
documents and the Planning Division shall be contacted to conduct a
site visit prior to commencement of any work to ensure this condition is
met.
5. To compensate for the removal of one Coast Live Oak tree in fair
condition and two Coast Live Oak trees in good condition, as rated in
the submitted arborist report, the applicant shall plant a minimum of
fifteen, 15 -gallon Coast Live Oak trees on the subject property, instead
of the nine 24 -inch box Coast Live Oak trees provided on the landscape
plan, reviewed by the Planning Commission on February 12, 2013. The
replacement Coast Live Oak trees shall be in addition to the other tree
species proposed on the landscape plan.
6. Prior to issuance of grading or demolition permits, the applicant shall
submit to the Planning, and Building and Safety Divisions a certified
termite report for the existing structure on the property. If the report
reveals an infestation of termites or other pests, it shall include
recommendations to eradicate such pests. The applicant shall
implement such recommendations prior to the issuance of any permits
and prior to commencement of demolition, earthwork, or construction
activity on the property.
7. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
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Planning Commission Resolution No 2013-02
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, Rurng Larn Duh, 23411 Ridge Line
Rd., Diamond Bar, CA 91765; and the applicant, Jack Wu,
10410 Lower Azusa Rd., #203, El Monte, CA 91731.
APPROVED AND ADOPTED THIS 12 TH DAY OF FEBRUARY 2013, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jimmy Lin, hairman
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 February, 2013, by the following
vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Greg Gubman, Secretary
Farago, Shah, Torng, VC/Nelson
None
Chair/Lin
None
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Planning Commission Resolution No 2013-02
COMMUNITY DEVELOPMENT DEPARTMENT
11111liq �ll�illillilil i1q.
USE PERMITS9 COMMERCIAL AND RESIDENTIAL NEW
AND REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2012-164
SUBJECT: To construct an 11,145 square -foot new single family
residence.
PROPERTY Rurnq Larn Duh
OWNER(S): 23411 Ridge Line Rd.
Diamond Bar, CA 91765
APPLICANT: Jack Wu
10410 Lower Azusa Rd., #203
El Monte, CA 91731
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR
PROJECT.
APPLICANT SHALL CONTACT "THE PLANNING DIVISION AT (9 09) 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. PL2012-164 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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Planning Commission Resolution No 2013-02
(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. PL2012-164, 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. 2012-02,
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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Planning Commission Resolution No, 2013-02
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 2012-164 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 DBMC Section 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 lo6ated 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.
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Planning Commission Resolution No 2013-02
Fa
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the
property owners/occupant.
5. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or
replaced upon project completion.
SOLID WASTE
The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done only
by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such
services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval
of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT$
(909) 839-7040s FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted concurrently with the
grading plan clearly detailing erosion control measures. These
measures shall be implemented during construction. The erosion
control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) as specified in the Storm Water BMP
Certification. For construction activity which disturbs one acre or
greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be
needed.
2. The applicant shall comply with Standard Urban Storm Water Mitigation
Plan (SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment
and materials and operation of heavy grading equipment shall be
limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday
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Planning Commission Resolution No. 2013-02
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. Prior to grading plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit
drainage and grading plans prepared by a Civil Engineer, licensed by
the State of California, prepared in accordance with the City's
requirements for the City's review and approval. A list of requirements
for grading plan check is available from the Public Works Department.
All grading (cut and fill) calculations shall be submitted to the City
concurrently with the grading plan.
3. Finished slopes shall conform to DBMC Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on
both sides of the retaining wall. Construction details for retaining walls
shall be shown on the grading plan. Calculations and details of retaining
walls shall be submitted to the Building and Safety Division for review
and approval.
6. All equipment staging areas shall be located on the project site.
Staging area, including material stockpile and equipment storage area,
shall be enclosed within a six foot -high chain link fence. All access
points in the defense shall be locked whenever the construction site is
not supervised.
7. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside Management
Ordinance and acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be
15 percent. Driveways with a slope greater than 15 percent shall
incorporate grooves for traction into the construction as required by the
City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification
plan with native grasses or planted with ground cover, shrubs, and
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Planning Commission Resolution No 2013-02
trees for erosion control upon completion of grading or some other
alternative method of erosion control shall be completed to the
satisfaction of the City Engineer and a permanent irrigation system shall
be installed.
10. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
11. Prior to commencing grading operations, a pre -construction meeting
shall be held at the project site with the grading contractor, applicant,
and city grading inspector at least 48 hours prior to commencing
grading operations.
12. Rough grade certifications by project soils and civil engineers and the
as -graded geotechnical report shall be submitted for review and
approval prior to issuance of building permits for the foundation of the
residential structure. Retaining wall permits may be issued without a
rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy, respectively.
1. Detailed drainage system information of the lot with careful attention to
any flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels,
unless that is the natural drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and
hydraulic study shall be prepared by a Civil Engineer registered in the
State of California to the satisfaction of the City Engineer and Los
Angeles Public Works Department.
D. UTILITIES
1 Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
E. SEWERS
1 Applicant, at applicant's sole cost and expense, shall construct the
sewer system in accordance with the City Building and Safety Division.
Sewer plans shall be submitted for review and approval by the City.
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Planning Commission Resolution No 2013-02
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2010
California Building Code, California Plumbing Code, California
Mechanical Code, and the California Electrical Code) requirements and
all other applicable construction codes, ordinances and regulations in
effect at the time of plan check submittal.
2. Provisions for Cal Green shall be implemented onto plans and
certification provided by a third party as required by the Building
Division. Specific water, waste, low VOC, and related conservation
measures shall be shown on plans.
3. Fire sprinklers are required for new single family dwellings (CRC
R313.2).
4. Occupancy of the facilities shall not commence until such time as all
California Building Code and State Fire Marshal regulations have been
met. The buildings shall be inspected for compliance prior to
occupancy.
5. 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.
6. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall
be conducted Mon. — Sat. between the hours of 7:00 a.m. and 7:00
p.m.
7. The project shall be protected by a construction fence to the satisfaction
of the Building Official.
8. 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.
9. 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.
10. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
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Planning Commission Resolution No 2013-02
11. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8.
12. 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.
13. 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).
14. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
15. Only one single family dwelling per CBC 202 is allowed on this property
unless specifically approved otherwise.
16. 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.
17. Submit Public Works Department approved grading plans showing
clearly all finish elevations, drainage, and retaining walls locations.
18. Erosion control measures shall be in-place at all times during grading
activities.
19. "Separate permits are required for pool, spa, retaining walls, fences
over 6' in height, and interior pools" and shall be noted on plans.
20. A height and setback survey may be required at completion of framing
and foundations respectively.
21. 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.
22. All balconies shall be designed for 601b. live load.
23. Guardrails shall be designed for 20 load applied laterally at the top of
the rail.
24. Indicate all easements on the site plan.
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Planning Commission Resolution No. 2013-02
25. 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.
e. Fuel modification plans shall be approved through LA County Fire
Fuel Modification Unit.
26, All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
27. 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.
28. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.).
29. Check drainage patterns with Engineering Department. Surface water
shall drain away from building at a 2% minimum slope.
30. Specify location of tempered glass as required by code.
31. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water
proofing material. Also, provide guardrail connection detail (height,
spacing, etc.).
32. Private property sewer system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
This property must have a sewer line installed.
33. Bodies of water that are greater than 18" in depth shall have the
required barriers to prevent unintentional access per CBC 3904.4.
34. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
35. A soils report is required and all recommendations of the soils report
shall be adhered to.
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Planning Commission Resolution No, 2013-02
36. 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.
37. 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.
38. The location of property lines and building pad may require a survey.
39. AQMD notification is required at least 10 days prior to any demolition.
40. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
41. Any changes to approved plans during the course of construction shall
be approved by the City prior to proceeding with any work.
42. Light and ventilation shall comply with CBC 1203 and 1205. The
theater room shall have artificial light and ventilation designed by a
mechanical engineer.
43. Interior pools shall have a ventilation system capable of providing
exhaust ventilation. See CMC T-4-1 and T-4-4.
44. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
45. Rooms adjacent garages shall not be used for any sleeping purposes
including the den next to the two -car garage.
46. Keystone retaining wall design shall have specific soils report
recommendations for design criteria and all requirements shall be
adhered to on plans and calculations.
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Planning Commission Resolution No 2013-02
• ow L11 111
'•@Ilr I t
,A
L
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PROPOSED DEVELOPMENT CODE AMENDMENT PLANNING CASE
NO. PL2013-022 TO AMEND TABLES 2-5 AND 2-6 OF SECTION 22.10.030.
Property owner, Mahnaz Farsai, and applicant, Ryan Farsai, have filed an
application for Planning Case No. PL2013-022 for a Development Code
Amendment to amend Tables 2-5 and 2-6 of Diamond Bar Municipal Code
(DBMC) Section 22.10.030 to specify that for gas stations to be eligible to
sell alcoholic beverages, they must be at least 150 feet from any public
and private elementary, middle or high school campus in which students
are permitted to arrive and depart without an adult escort. This narrows
the scope of the current distance requirement, which apples to "all
schools" as defined in the Development Code.
2. On February 15, 2013, public hearing notices were mailed to property
owners within a 500 -foot radius of the project site, and a notice of at least
1/8 page display was published in the Inland Valley Daily Tribune and San
Gabriel Valley Tribune newspapers on February 15, 2013. Pursuant to
Planning and Zoning Law Government Code Section 65091(a)(3), if the
number of property owners to whom a public hearing notice would be
mailed is greater than 1000, a local agency may provide notice by placing
a display advertisement 1/8 page in one newspaper of general circulation.
The project site was also posted with a notice display board, and a copy of
the public notice was posted at the City's three designated community
posting sites.
3. On February 26, 2013, the Planning commission held a duly noticed
public hearing on the proposed development code amendment. All
persons wishing to testify at the public hearing in connection with said
amendment were heard, said amendment was studied, and the Planning
Commission closed said hearing.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The proposed amendments will not have a substantial adverse impact on
the environment and the project is exempt from the California
Environmental Quality Act (CEQA), as prescribed under
Section 15061(b)(3) (No Potential for Causing Significant Effect on the
Environment) and Section 15378(b)(5) (Administrative Activities of
Governments That Will Not Result in Direct or Indirect Physical Changes
in the Environment) of the CEQA Guidelines. Therefore, no further
environmental review is required.
3. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment Planning Case No. PL 2013-022.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council.
APPROVED AND ADOPTED THIS 26TH OF FEBRUARY, 2013 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Jimmy in, Cha man
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a regular meeting of the Planning Commission held on the
26th day of February, 2013, by the following vote:
AYES: Commissioners: Farago, Shah, Torng, VC/Nelson, Chair/Lin
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: w,
Greg Gubman, Secretary
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