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HomeMy WebLinkAboutPC 2006-11PLANNING COMMISSION RESOLUTION NO. 2006-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-08, AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN ADDITION OF APPROXI- MATELY 780 SQUARE FEET PLUS A DECK WITH PATIO BELOW, LATTICE PATIO COVER AND ONE -CAR GARAGE TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 2,730 SQUARE FEET WITH ATWO-CAR GARAGE. THE PROJECT SITE IS LOCATED AT 409 EL ENCINO DRIVE (LOT 4, TRACT NO. 27532), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Mr. Albert Luang has filed an application for Development Review No. 2006-08 and categorical exemption for a property located at 409 El Encino Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On March 15, 2006, public hearing notices were mailed to approximately 94 property owners within a 500 -foot radius of the project site. On March 16, 2006, the project site was posted with a display board and the public notice was posted in three public places. On March 17, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers. 3. On March 28, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 409 EI Encino Drive (Lot 4, Tract No. 27532), at the corner of Bower Cascade Place and EI Encino Drive. It is a rectangular shaped lot that widens at the rear property line and has a descending slope on the Bower Cascade Place side. The project site is developed with a two-story residence of approximately 2,730 square feet with a two -car garage and deck above the garage that extends to the residence creating a breeze -way below. According to the tract map, there are no easements within the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000) Zone. (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is to approve a remodel and addition of approximately 780 square feet plus a deck with patio below, lattice covered patio and one -car garage to an existing residence of 2,730 square feet with a two -car garage. 2 Planning Commission Resolution No. 2006-11 Develo meat Review (f) 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.) On July 25, 1995, the City adopted its General Plan. Tract No. 27532, Lot 4 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allows for lot varying in size from 8,500 to 20,000 square feet. The project site is 8,890 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The existing architectural style is English Colonial. The proposed architectural style is Country French. Architectural features include bay windows, arched front entry flanked with two columns and wainscoting of ledge stone in variegated earth tones with molding. Proposed colors are earth tones (i.e., sandstone forstucco, terra cotta roof tile, and white for trim). The proposed architectural elements, colors and materials will add interest to the streetscape and decrease the massiveness and monotony of blank stucco walls. The proposed design is consistent with other homes in the neighborhood and improves the visual character through the use of quality design. As such, the proposed project is consistent with the City's Design Guidelines. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (0, the proposed project can be accommodated at 3 Planning Commission Resolution No. 2006-11 the project site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. The proposed remodel and addition does not change the use of the property. it will continue to be maintained as a single-family residence. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As referenced in Finding (0 above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project area. (i) 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, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (t), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. 0) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect 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, Public Works Department, and 4 Planning Commission Resolution No. 2006-11 Fire Department requirements. The referenced agencies through the permit and inspection process 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: A. Planning Division Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan. The final landscape plan shall be for yards, adjacent to the streets (Bower Cascade Place and El Encino Drive), which will be affected by construction. The landscape plan shall include plant species, location, size and quantity and hardscape. Any dense plant material proposed in the setbacks adjacent to the said streets shall not exceed a 42 inches maximum height. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to issuance of any permits, the applicant shall submit the new driveway design for the Planning Division review and approval. Said driveway shall remain 20 feet wide at the street property line and curve to a wider width to meet the opening of the proposed one -car garage B. Public Works Department Prior to final inspection, the driveway approach shall be upgraded to current ADA compliance. Maximum width of the driveway shall not exceed 20 feet exclusive of side slopes and 5 Planning Commission Resolution No. 2006-99 returns, measured along the line of the curb (Municipal Code Sec. 12.04.1240) An encroachment permit shall be obtained from the Public Works Department prior to commencing work. Alteration and/or removal of the curb core to the north of the driveway shall be approved by the Public Works Department. 2. Prior to final inspection, the tripping hazard of the decorative pavers within the parkway at the frontage of the house shall be mitigated (i.e., removed, replaced). An encroachment permit shall be obtained from the Public Works Department prior to commencing work within said parkway. 3. Prior to final inspection, a curb ramp at the corner shall be installed per current ADA standards at the corner of the property. An encroachment permit shall be obtained from the Public Works Department prior to commencing work. C Building and Safety Division 1. Door between garage and the house shall be 13/8" solid core door self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Applicant shall install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas 3. All bedrooms shall comply with all rescue window requirements. 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: Mr. Albert Luong, 409 El Encino Drive, Diamond Bar, CA 91765. 6 Planning Commission Resolution No. 2006-11 APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 2006, BY THE PLANNING COMMISSIQN-.QF THE CITY OF DIAMOND BAR. r 4 BY: Lf % Joe McManus, Chairman I, Na`n y Fong, Planning Commission Secretary, do hereby certify that the foregoing Res6rution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of March, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Nancy bong, S`Oretary Torng, Lee, Everett, VC/Nelson, Chair/M Knr.0 None Noce None 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No 2006-08 SUBJECT: Remodel/Addition to Existing Single-Farnh Residence APPLICANT: Albert Lug LOCATION: 409 EI Encino Drive 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. 2006-08 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any 8 Planning Commission Resolution No. 2006-11 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. 2006-08, at the City of Diamond Bar Community and Development Services 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006 -XX, 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 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. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency priorto issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 9 Planning Commission Resolution No. 2006-11 significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. 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 priorto 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 come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2006-08 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 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 Exhibit "A" dated March 28, 2006, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a 10 Planning Commission Resolution No. 2006-11 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Landscape 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. F. 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. APPLICANT SHALL CONTACT TPUBLIC WORKS RTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOL OWN CONDITIONS: A. _General 1. An Erosion Control Plan shall be submitted concurrently with the grading control measures. These measures shall be plan clearly detailing erosion ion between October 1ST and April 15th. The implemented during construct erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 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. 11 planning Commission Resolution No. 2006-11 C. Drainage 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may 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. a. All unenclosed under -floor areas shall be constructed as exteriorwall. 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 112 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 12 Planning Commission Resolution No. 2006-11 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"M slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 13 Planning Commission Resolution No. 2006-11 PLANNING COMMISSION RESOLUTION NO. 2006-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-08, AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN ADDITION OF APPROXI- MATELY 780 SQUARE FEET PLUS A DECK WITH PATIO BELOW, LATTICE PATIO COVER AND ONE -CAR GARAGE TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 2,730 SQUARE FEET WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 409 EL ENCINO DRIVE (LOT 4, TRACT NO. 27532), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner/applicant, Mr. Albert Luong has filed an application for Development Review No. 2006-08 and categorical exemption for a property located at 409 EI Encino Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On March 15, 2006, public hearing notices were mailed to approximately 94 property owners within a 500 -foot radius of the project site. On March 16, 2006, the project site was posted with a display board and the public notice was posted in three public places. On March 17, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 28, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 409 EI Encino Drive (Lot 4, Tract No. 27532), at the corner of Bower Cascade Place and EI Encino Drive. It is a rectangular shaped lot that widens at the rear property line and has a descending slope on the Bower Cascade Place side. The project site is developed with a two-story residence of approximately 2,730 square feet with a two -car garage and deck above the garage that extends to the residence creating a breeze -way below. According to the tract map, there are no easements within the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000) Zone. (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is to approve a remodel and addition of approximately 780 square feet plus a deck with patio below, lattice covered patio and one -car garage to an existing residence of 2,730 square feet with a two -car garage. 2 Planning Commission Resolution No. 2006-11 Development Review M (9) 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.) On July 25, 1995, the City adopted its General Plan. Tract No. 27532, Lot 4 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allows for lot varying in size from 8,500 to 20,000 square feet. The project site is 8,890 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The existing architectural style is English Colonial. The proposed architectural style is Country French. Architectural features include bay windows, arched front entry flanked with two columns and wainscoting of ledge stone in variegated earth tones with molding. Proposed colors are earth tones (i.e., sandstone forstucco, terra cotta roof tile, and white for trim). The proposed architectural elements, colors and materials will add interest to the streetscape and decrease the massiveness and monotony of blank stucco walls. The proposed design is consistent with other homes in the neighborhood and improves the visual character through the use of quality design. As such, the proposed project is consistent with the City's Design Guidelines. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at 3 Planning Commission Resolution No. 2006-11 the project site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. The proposed remodel and addition does not change the use of the property. It will continue to be maintained as a single-family residence. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. G) As referenced in Finding (t) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project area. 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, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect 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, Public Works Department, and 4 Planning Commission Resolution No. 2006-11 Fire Department requirements. The referenced agencies through the permit and inspection process 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan. The final landscape plan shall be for yards, adjacent to the streets (Bower Cascade Place and EI Encino Drive), which will be affected by construction. The landscape plan shall include plant species, location, size and quantity and hardscape. Any dense plant material proposed in the setbacks adjacent to the said streets shall not exceed a 42 inches maximum height. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to issuance of any permits, the applicant shall submit the new driveway design for the Planning Division review and approval. Said driveway shall remain 20 feet wide at the street property line and curve to a wider width to meet the opening of the proposed one -car garage B. Public Works Department 1. Prior to final inspection, the driveway approach shall be upgraded to current ADA compliance. Maximum width of the driveway shall not exceed 20 feet exclusive of side slopes and 5 Planning Commission Resolution No. 2006-11 returns, measured along the line of the curb (Municipal Code Sec. 12.04.1240). An encroachment permit shall be obtained from the Public Works Department prior to commencing work. Alteration and/or removal of the curb core to the north of the driveway shall be approved by the Public Works Department. 2. Prior to final inspection, the tripping hazard of the decorative pavers within the parkway at the frontage of the house shall be mitigated (i.e., removed, replaced). An encroachment permit shall be obtained from the Public Works Department prior to commencing work within said parkway. 3. Prior to final inspection, a curb ramp at the corner shall be installed per current ADA standards at the corner of the property. An encroachment permit shall be obtained from the Public Works Department prior to commencing work. C Building and Safety Division 1. Door between garage and the house shall be 1 3/8" solid core door self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Applicant shall install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas 3. All bedrooms shall comply with all rescue window requirements. 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: Mr. Albert Luong, 409 EI Encino Drive, Diamond Bar, CA 91765. 6 Planning Commission Resolution No. 200611 APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 2006, BY THE PLANNING COMMISSION -(OF THE CITY OF DIAMOND BAR. I, Na ' n y Fong, Planning Commission Secretary, do hereby certify that the foregoing Res ution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of March, 2006, by the following vote: AYES: Commissioners: Torng, Lee, Everett, 9C/Nelson, Chair/}IcManus NOES: Commissioners: None ABSENT: Commissioners: Nome ABSTAIN: Commissioners: None ATTEST: Nancy Fong, SIretary IklGq --7 7 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-08 SUBJECT: Remodel/Addition to Existing Single -Family Residence APPLICANT: Albert Luong LOCATION: 409 EI Encino Drive 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. 2006-08 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any 8 Planning Commission Resolution No. 2006-11 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. 2006-08, at the City of Diamond Bar Community and Development Services 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006 -XX, 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 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. Site, grading, landscape/irrigation and driveway plans, elevations and sections 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 single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 9 Planning Commission Resolution No. 2006-11 significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. 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 come 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. 2006-08 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. 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 Exhibit "A" dated March 28, 2006, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a 10 Planning Commission Resolution No.2006-11 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Landscape 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. F. 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. 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 between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 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. 11 Planning Commission Resolution No. 200rr11 C. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may 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. a. All unenclosed under -floor areas shall be constructed as exteriorwall. 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. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 12 Planning Commission Resolution No. 2006-11 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 13 Planning Commission Resolution No. 2006-11