HomeMy WebLinkAboutRES 2011-21CITY COUNCIL
RESOLUTION NO. 2011-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DENYING THE APPEAL AND AFFIRMING THE PLANNING
COMMISSION'S DECISION TO APPROVE A NEW SINGLE-FAMILY
RESIDENCE CONSISTING OF 7,432 SQUARE FEET OF LIVING SPACE, TWO
GARAGES TOTALING 1,968 SQUARE FEET, 1,302 SQUARE -FOOT INDOOR
POOL AREA, AND 1,573 SQUARE -FOOT COVERED PORCHES AND LOGGIA
LOCATED AT 3010 WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA
(APN 8713-019-004).
A. RECITALS
1. The neighboring property owners, Hai and Jen Huang, have filed an
appeal of the Planning Commission's decision to approve Development
Review No. PL 2010-289 for a new single-family residence consisting of
7,432 square feet of living space, two garages totaling 1,968 square feet,
1,302 square -foot indoor pool area, and 1,573 square -foot covered
porches and loggia located at 3010 Wagon Train Lane, Diamond Bar, Los
Angeles County, California. Hereinafter in this resolution, the subject
-- Development Review shall be collectively referred to as the "Project."
2. The subject property is made up of one parcel totaling 82,015 square feet
(1.88 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 Tract 30289 Lot 27. The
Assessor's Parcel Number is 8713-019-004.
4. Notification of the Planning Commission public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers on April 1, 2011. 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. 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 April 12, 2011, 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. At that
time, the Planning Commission approved the Proposed Project, subject to
-- conditions;
6. On April 22, 2011, neighboring property owners, Hai and Jen Huang filed
an appeal of the Planning Commission's decision to approve the Project;
2011-•21
7. Notification of the City Council public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers on May 27, 2011. 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. 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;
8. On June 7, 2011, the City Council 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; and
9. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the
City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of
the City of Diamond Bar as follows:
The City Council 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
(1) (2) (Demolition of a Single Family Residence) and 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) Section 22.48, this City Council hereby
makes the following findings:
Development Review Findings (DBDC 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 7,432 square -foot single family
residence, two garages totaling 1,968 square feet, and 1,302 square -foot —
indoor pool is consistent with the City's General Plan, City Design
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City Council Resolution No. 2011 -XX
2011--21
Guidelines and development standards by meeting 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;
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 the Italian Revival style of architecture with earth -tone shades
for the exterior finish 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 an Italian Revival 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
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City Council Resolution No. 2011 -XX
2011--21
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, and Los
Angeles County Fire Department requirements. 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 15301 (l) (2) (Demolition of a Single Family Residence) and 15303
(a) (Construction of a New Single Family Residence) of the CEQA
guidelines.
Based upon the findings and conclusion set forth above, the City Council hereby affirms
the Planning Commission's decision to approve 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 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
4. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The City Council 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, Hai Nguyen, 3057 Windmill Drive, Diamond Bar, CA
91765; and the applicant, Stewart Beck, 2915 Redhill Avenue,
Suite 6102, Costa Mesa, CA 92626.
APPROVED AND ADOPTED THIS 7th DAY OF JUNE 2011, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR.
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City Council Resolution No 2011 -XX
2011--21
By: fV W----
Steve ye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly passed, approved and adopted by the City Council of the
City of Diamond Bar, at a regular meeting of the City Council held on the 7t" day of
June 2011, by the following vote:
AYES: Council Member: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: Council Member: None
ABSTAIN: Council Member: None
ABSENT: Council Member: None
ATTEST:_
Tom-mye Cribbins, City Clerk
City of Diamond Bar
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City Council Resolution No. 2011 -XX
2011--21
II DIAi�IOhD BARII� COMMUNITY DEVELOPMENT DEPARTMEN
'-!lllla�y�ti
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2010-289
SUBJECT: To demolish an existing residence and construct a new 7,432
square -foot single family residence, two garages totaling 1,968
square feet, and 1,302 square -foot indoor pool on a 1.88 gross acre
lot.
PROPERTY Hai Nguyen
OWNER(S): 3057 Windmill Drive
Diamond Bar, CA 91765
APPLICANT: Stewart Beck
2915 Redhill Avenue, Suite G102
Costa Mesa, CA 92626
LOCATION: 3010 Wagon Train Lane, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. PL 2010-289 brought within the
time period provided by Government Code Section 66499.37. In the event the
city and/or its officers, agents and employees are made a party of any such
action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
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2011--21
(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. PL 2010-289, 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. 2011-08, 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
grading, tree removal, encroachment,
commenced, whichever comes first.
1
to issuance of City permits (such as
building, etc.,) or approved use has
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.
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2011•-21
0
C.
51
E.
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. PL 2010-289 expires within two
years from the date of approval if the use has not been exercised as defined
per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to
DBMC 22.60.050(c) for Planning Commission approval.
SITE DEVELOPMENT
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 hereto as Attachment 2 including:
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.
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during
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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
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 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.
B. SOILS REPORT/GRADING/RETAINING WALLS
Prior to grading plan submittal, a
Geotechnical Engineer, licensed by the
by the applicant for approval by the City.
geotechnical report prepared by a
State of California, shall be submitted
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
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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. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of 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 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. 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.
11. 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.
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C.
E
12. 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.
DRAINAGE
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 hydrology and hydraulic study shall
be prepared by a Civil Engineer registered in the State of California to the
satisfaction of the City Engineer.
UTILITIES
Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
2. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
SEWERS/SEPTIC TANK
Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City. Sewer plans shall be submitted for review
and approval by the City Building and Safety Department.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check submittal.
2. Application for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the Building
Department.
3. Every permit issued by the Building Department shall expire if the building or
work authorized by such permit is not commenced within 180 days from the
date of such permit.
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4. 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.
5. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and
the site is within seismic category (D). The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
7. This project shall comply with the 2008 Energy Code requirements of the State
of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
8. In order to accurately monitor and report all construction and debris generation
and diversion activities, all materials must both be hauled and processed by a
city franchised contractor or by a licensed demolition contractor subject to
compliance with specific permitting and reporting requirements. Southern
California Air Quality Management District (SCAQMD) approval/clearance will
be required prior to the issuance of a demolition permit. Please contact AQMD
at (909) 367-2327.
9. Prior to Building permit issuance, Walnut Valley School District fees must be
paid. Please obtain a form from the Building and Safety Division to take directly
to the school district.
Walnut Valley Unified School District
880 S. Lemon Ave
Walnut, CA 19789
(909)595-1261
10. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
11. "Separate permits are required for pools, spas, fountains, and retaining walls"
and shall be noted on plans.
12. A height survey may be required at completion of framing.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007
California Building Code.
14. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
15. Indicate all easements on the site plan.
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16. Please submit a total of 7 full set of plans including the grading for review to the
Building and Safety Division after the plans have been approved by the
Planning Division/Commission.
17. 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
Very High Hazard Fire Zone it shall meet of requirements of the fire zone.
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.
18. All retaining walls shall be submitted to the Building and Safety and Public Work
Departments for review and approval.
19. 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.
20. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
21. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
22. Specify location of tempered glass as required by code.
23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
24. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
End
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