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1. The property owner, Charles Simmons, and applicant, Joseph Louis
Hernandez, filed an application for Development Review No. PI -2013-357
to construct a series of additions to an existing 2,284 square -foot single
family residence with a 473 square -foot attached garage, consisting of
1,786 square feet of new living space; a new 441 square -foot, two -car
garage; and a 220 square foot addition to the existing garage on a 58,806
square -foot (1.35 gross acres) lot located at 22410 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 58,806 square feet
(1.35 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 172 of Tract 30091.
The Assessor's Parcel Number is 8713-029-027.
4. On February 14, 2014, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland Valley
Daily Bulletin newspapers. On or before February 13, 2014, public
hearing notices were mailed to property owners within a 1,000 -foot radius
of the Project site. 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 February 25, 2014, 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) Section 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 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 required setbacks.
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. In addition, numerous trees --including a
protected Coast Live Oak tree—will remain by constructing a majority of
the addition on the existing buildable pad.
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Planning Commission Resolution No, 2014-03
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 thematic of Spanish
influences. The applicant is proposing to add to the first and second story
of an existing home while maintaining consistency with the current design.
The project is designed to be compatible and complementary to the
neighborhood by keeping similar architectural details of the existing home.
Particularly, a Spanish lace stucco finish texture will be applied to the
exterior walls to carry the same skip trowel application present on the
existing facade of the 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 reminiscent of Spanish
influences. Consistent building elements have been achieved through the
utilization of similar architectural features and building materials. The
addition will not be intrusive to neighboring homes and will not block
existing views since the home on the east side of the property is at a
higher elevation and the house on the south side of the property is at a
lower elevation. The addition will be compatible to existing development
and remain aesthetically appealing.
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.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
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Planning Commission Resolution No. 2014-03
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. Prior to the issuance of a demolition, grading or building permit, the
existing protected Coast Live Oak tree 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.
3. Prior to issuance of building permits, the applicant shall record, and
provide the City with a conformed recorded copy of, a Covenant and
Agreement or similar document in a form approved by the City Attorney,
which restricts the rental of rooms or other portions of the property under
two or more separate agreements and prohibits use of the property as a
boarding or rooming house, except to the extent otherwise permitted by
the Diamond Bar Municipal Code or applicable state or federal law.
4. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolu�on; and
b. Forthwith transmit a certified copy cif this Resolution, by certified
mail to the property owner, Charles. Simmons, 22410 Ridge Line
Road, Diamond Bar, CA 91765; and applicant, Joseph Louis
Hernandez, 19092 Callaway Circle, Huntington Beach, CA, 92648.
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Planning Commission Resolution No. 2014-03
APPROVED AND ADOPTED THIS 25 TH DAY OF FEBRUARY 2014, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
M
(2-
Frank Fara "o, Vicq,,Chairman
1, Greg Gubman, Plar4n6g 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 25th day of February, 2014, by the following vote:
AYES: Commissioners: Lin, Shah, VC/Farago
NOES: Commissioners: None
ABSENT: Commissioners: Dhingra
ABSTAIN: Commissioners: None
ATTEST:
Greg GubmaiT,- Secretary
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Development Review No. PL2013-357
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL 1101" ArID
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2013-357
SUBJECT: To construct a series of additions to an existing 2,284 square-
foot
quarefoot single family residence with a 473 square -foot attached
garage, consisting of 1,786 square feet of new living space; a
new 441 square -foot, two -car garage; and a 220 square foo
addition to the existing garage.
PROPERTY Charles Simmons
OWNER(S): 22410 Ridge Line Road
Diamond Bar, CA 91765
APPLICANT: Joseph Louis Hernandez
19092 Callaway Circle
Huntington Beach, CA 92648
LOCATION: 22410 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
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 2013-357 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. PL2013-357
(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 has filed, within twenty-one (21) days of
approval of this Development Review No. PL2013-357, 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. 2014-03, 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.
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Planning Commission Resolution No. 2014-03
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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.
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 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.
TIME LIMITS
1. The approval of Development Review No. PL2013-357 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.
SITE DEVELOPMENT
1. This approval is for the site plan, elevations, and exterior materials for the
construction of additions to an existing 2,284 square -foot single family
residence with a 473 square -foot attached garage, consisting of 1,786
square feet of new living space; a new 441 square -foot, two -car garage;
and a 220 square foot addition to the existing garage at 22410 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
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Planning Commission Resolution No. 2014-03
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.
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.
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Planning Commission Resolution No. 2014-03
10. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who
has been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
insure that the waste contractor used has obtained permits from the City
of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
APPLICANT •WORKS(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.
Additionally, all construction equipment shall be properly muffled to reduce
noise levels.
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Planning Commission Resolution No. 2014-03
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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. At the time of plan check submittal, plans and construction shall conform
to current State and Local Building Code requirements and all other
applicable construction codes, ordinances and regulations in effect.
2. Provisions for Cal Green shall be implemented onto plans and certification
shall be 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. Construction shall conform to the current Cal Green
Code.
3, Only one single family dwelling is allowed on this property unless
specifically approved otherwise per CBC 202.
Plan Check — Items to be addressed prior to plan approval:
4. The minimum design load for wind in this area is 115 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
Arch itect/Engineer with wet stamp and signature.
5. 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).
6. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
7. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and
retaining wall(s) locations. These plans shall be consistent with the site
plan submitted to the Building and Safety Division.
8. "Separate permits are required for the existing detached trellis on the east
side of the property" and shall be noted on plans.
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Planning Commission Resolution No. 2014-03
9. The separate trellis to be permitted on the east side of the property shall
be noncombustible or heavy -timber in conformance to the Fire Zone
requirements per CBC Chapter 7A and Sections 710A. Heavy -timber
requirements shall be per CBC 602.4.
10. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
11. Slope setbacks shall be consistent with California Building Code Figure
1805.3.1 and California Residential Code R403.1.7. Foundations shall
provide a minimum distance to daylight.
12. Light and ventilation shall comply with CBC 1203 and 1205. At least 50%
of the area of the wall between the addition area on the north side and the
existing common wall shall be open for light and ventilation to the existing
adjacent rooms.
13. The existing living, dining, entry and nook area shall be open and
unobstructed between each area. There shall be no door between the
existing entry and nook and all areas shall be open and unobstructed
between each room.
14. The existing wood patio cover on the east side shall be submitted for
permit and approved for plan check.
Permit — Items required prior to building permit issuance:
15. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8. The contractor shall complete all required forms and pay
applicable deposits prior to permit.
16. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
17. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
18. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
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Planning Commission Resolution No. 2014-03
19. 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. Otherwise, permits will expire if work
has discontinued and not been signed -off on the job card by the building
inspector within a 180 day period.
20. 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.
21. 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.
22. 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.
23. 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.
24. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
25. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.).
26. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
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.diga,lert.org.
28. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
29. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
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Planning Commission Resolution No. 2014-03
30. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
31. Drainage patterns shall match the approved grading/drainage plan from
the Public Works/Engineering Department. Surface water shall drain
away from the building at a 2% minimum slope. The final as -built
conditions shall match the grading/drainage plan or otherwise approved
as -built grading/drdinage plan.
32. Decks, roofs, and other flat surfaces shall slope at least 1/4"M with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42" minimum in height, 4" maximum spacing
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
33. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
34. Bodies of water that are greater than 18" in depth shall have the required
barriers to prevent unintentional access per CBC 3904.4.
35. All plumbing fixtures including existing areas shall have low flow type
fixtures installed consistent with California Civil Code Section 1101.1 to
1101.8.
AMO
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Planning Commission Resolution No. 2014-03