HomeMy WebLinkAboutPC 2013-14A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2013-104 TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE
CONSISTING OF 6,225 SQUARE FEET OF LIVING SPACE; 1,370 SQUARE
FEET OF GARAGE SPACE; AND 276 SQUARE -FOOT PATIO COVER ON A
0.84 GROSS ACRE (36,590 SQUARE -FOOT) LOT LOCATED AT
2442 ALAMO HEIGHTS DRIVE, DIAMOND BAR, CA 91765 (APN 8713-028-
005).
A. RECITALS
The property owner, Samson Family Trust, and applicant, Federico P.
Samson, have filed an application for Development Review
No. PL2013-104 to construct a new single-family residence consisting of a
1,145 square -foot first story; 2,320 square -foot second story;
1,100 square -foot three -car garage; and 279 square -foot patio cover,
located at 2442 Alamo Heights 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 36,590 square feet
(0.84 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 120 of Tract 30578.
The Assessor's Parcel Number is 8713-028-005.
4. On May 17, 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 May 17,
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 May 28, 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.
RESOLUTIOU
ia
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the 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 22.48, this Planning Commission
hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines,
and development standards of the applicable district, design guidelines,
and architectural criteria for special areas (e.g., theme areas, specific
plans, community plans, boulevards or planned developments);
The design and layout of the proposed 6,225 square -foot single family
residence, 1,370 square -foot garage, and 276 square -foot covered patio is
consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all of the setbacks and requirements
of the City's development code. The house incorporates various fagade
details such as pre -cast stone, hipped roof lines and appropriate massing
to meet the intent of the City's Design Guidelines. In addition, appropriate
screening and integration of the home to the natural environment is
accomplished by providing a variety of groundcover, shrubs, and trees
throughout the site.
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. 2013.14
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. The
proposed architecture is Mediterranean, with Tuscan and Italian
Renaissance Revival influences. Exterior finish materials in neutral colors
are used 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 Mediterranean with Tuscan
and Italian Renaissance Revival influences. Variation in the building
elements has been achieved through the utilization of various architectural
features, building materials, and landscaping. Earth -tone shades for the
exterior finish are used to soften the building's visual impact. Also,
landscaping is integrated into the site to complement the streetscape in
order to maintain a desirable environment.
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. 2013-14
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.
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;
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 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. 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 owners, Samson Family Trust, 23810 Canyon
Vista Ct., Diamond Bar, CA 91756; and applicant, Federico P.
Samson, 2442 Alamo Heights Drive, Diamond Bar, CA 91765.
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Planning Commission Resolution No. 2013.14
APPROVED AND ADOPTED THIS 28th DAY OF MAY 2013, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
gtls e kelson, Cbairm6.n'-
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 28th day of May, 2013, by the following vote:
AYES: Commissioners: FARAGO, LIN, SHAH, V/C TORNG, CHAIR/NELSON
NOES: Commissioners: NONE
ABSENT: Commissioners: NONE
ABSTAIN: Commissioners: NONE
ATTEST:
Greg Gubman, Secretary
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Development Review No. PL2013-104
COMMUNITY DEVELOPMENT DEPARTMENT
IJI
PROJECT #: Development Review No. PL 2013-104
SUBJECT: To construct a new single family residence consisting of
6,225 square feet of living space; 1,370 square -foot garage;
and 276 square -foot cabana.
PROPERTY Samson Family Trust
OWNER(S): 23810 Canyon Vista Ct.
Diamond Bar, CA 91765
APPLICANT: Federico P. Samson
2442 Alamo Heights Dr.
Diamond Bar, CA 91765
TOT A as a — ! 0 li•
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR
PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
In accordance with Government Code Section 66474.9(b)(1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding
to attack, set-aside, void or annul, the approval of Development Review
No. PI -2013-104 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. 2013-14
(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. PL2013-104, 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. 2013-14,
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 cornmenced, whichever comes first.
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Planning Commission Resolution No. 2013-14
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. PL2013-104 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.
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, collectively attached
referenced as site plans, floor plans, architectural elevations, and
landscape plans on file with the Planning Division, the conditions
contained herein, and the Development Code regulations.
2. All ground -,mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
3. All roof -mounted equipment shall be screened from public view.
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Planning Commission Resolution No. 2013-14
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
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:
A. GENERAL
1. An Erosion Control Plan and drainage Plan shall be submitted 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. Show all the
existing and proposed drainage facilities and flow pattern on the plan.
Please refer to City handouts.
2. Sign and scan Storm water BMP Certificate onto Erosion Control Plan/
Drainage Plan. Scan Drainage note with details onto the Drainage/
Erosion Control Plan. Please refer to City handout.
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. 2013-14
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.
4. 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 6 foot -high chain link fence. All access
points in the defense shall be locked whenever the construction site is
not supervised.
5. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside Management
Ordinance and acceptable grading practices.
6. Prior to the issuance of building permits, 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.
7. Applicant shall submit 3 copies of Erosion Control Plan with the fee
payment to Engineering Department for review and approval prior to
building permit. Pay all the applicable fees including, but not limited, to
a $236.44 Erosion/Drainage plan review.
a] 10 M101,
1. project is considered to be a new single family dwelling for purposes of
Building Codes and all requirements for a new dwelling shall apply
including Green Building regulations and fire sprinklers.
2. Plans shall conform to current State and Local Building Code
(i.e., Currently the 2010 California Building Code, California Plumbing
Code, California Mechanical Code, and the California Electrical Code
but the 2013 version will apply if plan check applied after January 1,
2014) requirements and all other applicable construction codes,
ordinances and regulations in effect at the time of plan check submittal.
3. 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.
4. Fire sprinklers are required for new single family dwellings
(CRC R313.2).
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Planning Commission Resolution No. 2013-14
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
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(o).
15. Only one single family dwelling per CBC 202 is allowed on this property
unless specifically approved otherwise.
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Planning Commission Resolution No. 2013-14
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. 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.
19. All balconies shall be designed for 601b. live load.
20. Guardrails shall be designed for 20 load applied laterally at the top of
the rail.
21. Indicate all easements on the site plan.
22. 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.
23. 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.
24. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.)
25. Check drainage patterns with Engineering Department. Sur -face water
shall drain away from building at a 2% minimum slope. Drainage on the
north side shall drain past new block wall area.
26. Specify location of tempered glass as required by code.
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Planning Commission Resolution No. 2013-14
27. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water
proofing material. Also, provide guardrail connection detail (height,
spacing, etc.)
28. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
29. A soils report is required and all recommendations of the soils report
shall be adhered to.
30. 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.
31. 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.
32. The location of property lines and building pad may require a survey.
33. AQMD notification is required at least 10 days prior to any demolition.
34. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
35. Any changes to approved plans during the course of construction shall
be approved by the City prior to proceeding with any work.
36. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
37. The lower floor underfloor/subfloor area and storage room behind stairs
is riot to be used for habitable space.
38. The existing retaining wall shown on the north side on the grading plan
section shall be protected in-place during construction.
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Planning Commission Resolution No. 2013-14