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Home My WebLink AboutPC 2013-13V mlnffa�� 1 The property owners and applicants, Ahdy and Fadia Ayad, have filed an application for Development Review No. PL2012-100 to construct a new single-family residence consisting of a 1,465 square -foot first story; 1,527 square -foot second story; 512 square -foot two -car garage; and 219 square -foot patio cover, located at 23885 Minnequa 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 9,320 square feet (0.21 gross acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential. 3. The legal description of the subject property is Lot 51 of Tract 27539. The Assessor's Parcel Number is 8703-019-009. 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. A RESOLUTION 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. 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 2,992 square -foot single family residence, 512 square -foot garage, and 219 square -foot covered patio is consistent with the City's General Plan, City Design Guidelines and development standards by meeting a// of the setbacks and requirements of the City's development code. The house incorporates various fagade details such as stone veneer, low pitched 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; 2 Planning Commission Resolution No. 2013-13 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 1960s Ranch tract homes in the neighborhood. In addition, complementary wall materials are used to distinguish breaks in plane and add articulation to maintain similar characteristics of other residences in the neighborhood. 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 1960s tract with Ranch 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. 3 Planning Commission Resolution No. 2013-13 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: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing; 2. During the Building and Safety plan check process, landscape plans and irrigation plans for the entire site shall be reviewed and approved by the City's Consulting Landscape Architect and shall comply with the Water Conservation Landscaping Ordinance; and 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/applicants, Ahdy and Fadia Ayad, 12162 Black Stone Drive, Rancho Cucamonga, CA 91739. 4 Planning Commission Resolution No. 2013-13 APPROVED AND ADOPTED THIS 28th DAY OF MAY 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I By:&-,— StWe'Nelson, (Nai6-64n ' 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 5 Development Review No, PL2012-100 COMMUNITY DEVELOPMENT DEPARTMENT q JSE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2012-100 SUBJECT: To construct a new single family -residence consisting o 2,992 square feet of living space; 512 square -foot garage; and 219 square -foot cabana. PROPERTY Ah&y and Fadia Ayad OWNER(S)/ 12162 Black Stone Drive APPLICANT Rancho Cucamonga, CA 91739 LOCATION: 23885 Minnequa Drive, 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: 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. PL2012-100 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. 6 Planning Commission Resolution No. 2013-13 (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. PL2012-100, 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. 2013-13, 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 tir-ne 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. 7 Planning Commission Resolution No, 2013-13 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. • -• 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL2012-100 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. •[MW11111 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. 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. 8 Planning Commission Resolution No. 2013-13 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 Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. A Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any Building permits. The Covenant and Agreement shall refer to the approved geotechnical report. 2. An Erosion Control Plan shall be submitted concurrently with the drainage plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 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 through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the 9 Planning Commission Resolution No. 2013-13 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. A final geotechnical letter certifying that the foundation was constructed in conformance with their recommendations shall be submitted to the Public Works/Engineering Department prior to issuance of a Final Building Inspection/Release. Finished slopes shall conform to City Code Section 22.22.080 -Grading. C. DRAINAGE Detailed drainage system information of the lot with careful attention to drainage over the slope 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, or the rear slope, unless that is the natural drainage course. Increases in drainage quantity to the natural drainage course will not be permitted. 2. Any drainage directed to the curb and gutter via a curb core will require a separate permit from the Public Works/Engineering Department. Prior to issuance of a building permit, a meeting shall be held on site with Public Works staff and the contractor to identify locations in the Public Right -of -Way in need of repair as well as document existing conditions. Prior to building final inspection/occupancy, applicant shall perform repairs to all damaged sidewalk, curb & gutter and roadway to the satisfaction of the City Engineer. E. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the Building and Safety Division. Any work within the Public Right -of -Way will require a separate permit from the Public Works/Engineering Department. 10 Planning Commission Resolution No. 2013-13 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 or 2013 CBC if plan check submitted after January 1, 2014) 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. Permits will expire where no sign -off by the building inspector has occurred within 180 days. Continued progress must be made on this project at least every 2 weeks or the permit is subject to revocation/expiration. Acceptance of the conditions waives permit expiration appeal as listed per CBC 112. 6. 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. Any deviation from this time frame will be subject to municipal fines. 7. 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. 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. 11 Planning Commission Resolution No. 2013-13 9. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 10. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 11. 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. 12. 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). 13. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 14. 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. 15. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 16. "Separate permits are required for waterfall, spa, BBQ area, and fire pit." and shall be noted on plans. 17. A height and setback survey may be required at completion of framing and foundations respectively. 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. Submit precise grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 12 Planning Commission Resolution No. 2013-13 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% minimurn 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. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. The Jacuzzi and waterfall shall have protective barriers installed. 28. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 29. The soils report shall be approved by the City and all requirements of the report shall be implemented onto plans including review comments by the City Soils Engineer. 30. Structural observation from the engineer of record will be required prior to foundation, frame, and shear inspections. 31. 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. 32. 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. 33. The location of property lines and building pad may require a survey. 34. AQM D notification is required at least 10 days prior to any demolition. 35. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 36. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 37. Light and ventilation shall comply with CBC 1203 and 1205. 38. Carbon monoxide detectors are required in halls leading to sleeping rooms per CRC R315. 13 Planning Commission Resolution No. 2013-13 39. All neighboring properties shall be protected from any construction activity including earth movement or debris. All construction material and earth shall remain within this property and shall immediately be cleaned up as directed by City staff. 40. Final plans shall be approved by the soils engineer prior to permit issuance. 41. Landscaping and sprinklers shall be maintained and any deviation shall be approved by the geotechnical engineer and the City. 42. All foundation work shall be certified by the soils engineer. 43. Landscaping and drainage for the yards shall be complete prior to occupancy of the building to the satisfaction of the Planning, Engineering, and Building Divisions. 44. Existing shear pins in the rear yard shall be identified on the building plans. 45. The owner shall acknowledge in a notarized letter that the rear yard improvements will experience movement as listed in the GMU soils report dated 12/10/12 pages 5, 6, 19, & 20. 46. Concrete design shall incorporate corrosion protection per p.6, 14, & 15 of soils report 12/10/12 by GMU. 47. A post -tensioned slab design or equal approved by the soils engineer shall be utilized as per p.12-13 of the GMU soils report 12/10/12. Conventional foundations are not allowed unless approved by the city's geotechnical engineer. 48. The underlayment of the slab shall be vapor proof per p.14-15 of the GMU soils report 12/10/12. 49. Underground metal pipes shall be protected per p.16 of the soils report by GMU 12/10/12. 50. The design of the pool and spa shall be on piles per p.18-19 of the GM soils report 12/10/12. ME 14 Planning Commission Resolution No. 2013-13