Loading...
HomeMy WebLinkAboutPC 2006-12PLANNING COMMISSION RESOLUTION NO. 2006-12 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-07 AND MINOR CONDITIONAL USE PERMIT NO. 2006-03, A REQUEST TO CONSTRUCT AN APPROXIMATE 829 SQUARE FOOT FIRST AND SECOND STORY SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 2,109 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2605 RISING STAR DRIVE (LOT 9, TRACT 25990), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Steven Babbitt, and applicant, Charles Krausman, have filed an application for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03, for a property located at 2605 Rising Star Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On March 16, 2006, 96 property owners within a 500 -foot radius of the project site were notified by mail and the public notice was posted in three public places. On March 17, 2006, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Dai! Bulletin newspapers. Furthermore, on March 20, 2006, the project site was posted with a display board. 3. On March 28, 2006, 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. 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. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) per California Environmental Quality Act (CEQA). 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 the 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, the 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 upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project site is located at 2605 Rising Star Drive (Lot 9 of Tract 25990), Diamond Bar, California. The pie -shaped parcel is located at the terminus of a cul-de-sac and has approximately 9,060 square feet (0.21 acres) of net lot with an existing one-story single family of approximately 1,280 square feet with a two car garage. (b) The General Plan land use designation for project site of Low Medium Residential (RLM) 5 DUTAC and the zoning designation is Single Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (c) The R-1-8,000 zone and single-family uses surround the site. (d) The application is a request for approval to remodel and construct approximate 829 square feet additions which include a master bedroom/bathroom, sitting area, and expansion of existing bedroom. The approval request also includes a Minor Conditional Use Permit to maintain the legal nonconforming side setbacks. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site, developed with a one-story single-family residence, was established before the July 25, 1995, General Plan adoption and current Municipal Code. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open 2 Planning Commission Resolution No. 2006-12 space, and the Low Medium Residential (minimum lot of 8,000 SF) land use designation. The proposed use is zoned for single-family residence at R-9-8,000. There is no specific or additional community planned development for the site. (f) 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. Rising Star Drive and the access road in the vicinity, Fountain Springs, adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The architectural style of the proposed addition is Ranch and is consistent with the existing residential structure on the project site. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no specific plan for this area. (h) 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. As referenced in the above Findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, 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. 3 Planning Commission Resolution No. 2008-12 (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative egatipropertiesa affect on property values or resale(s) of property) improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutions and the Building and Safety Division, Public Works Department, and 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. (j) The proposed project Environmental Qualis been reviewed in ty Act (CEQA}mpliance h the provisions of th The City has determined that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA) Section 15301 (e). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies will all other applicable provisions of the Development Code and Municipal Code; Pursuant to Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures applies to this proposed project due to the existing side yard setback of seven feet. For this particular project, the required side yard setbacks are five feet and 10 feet. The existing residence's side yard setbacks are five feet and seven feet. Since the setbacks exist, it will not be changed by the proposed addition. As a result, a Minor Conditional Use Permit approval is required. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Finding (e) above, the proposed use is consistent with the General Plan and there is no applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 4 Planning Commission Resolution No. 2006-12 As stated in Findings (t), (g) and (h), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Findings (t), (g, (h) and (k), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints, (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. As referenced in finding (k) above, granting the Minot Conditional Use Permit is required to maintain the existing legal nonconforming side yard setbacks. Therefore, granting a Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, orimprovements in the vicinity and zoning districts in which the property is located. (p) 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 of 1970 (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 upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject .to the following conditions and attached Standard Conditions: PLANNING (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated March 28, 2005, as submitted and approved by the Planning Commission, and as amended herein. 5 Planning Commission Resolubon No. 2006-12 of (b) The subject site shall be maintained in a condition that is free or debris both during and after the construction, addition, implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequentnt b construction, shall be done only by the property owner, applicant or y 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 utilized has obtained permits from the City of Diamond Bar to provide such services. (c) 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. The fence shall remain at the buildable pad's edge to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. BUILDING AND SAFETY (d) All bedrooms shall comply with all rescue window requirements. (e) Provide arc fault pt for all bathrooms. all omdroom outlets. Also provide ground fault protection (f) Show compliance with heating requirements for new addition. (g) Provide 30" clear width for water closet with 24" clear in front. (h) Indicate stair width and headroom clearance. (i) Specify if existing wall removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, bycertified mCA tto: Mr. Steven Babbitt, 2605 Rising Star Drive, 91765; and Charles Krausman, Landmarks Design, 515 W. Commonwealth Avenue, Suite 211, Fullerton, CA 92832 6 Planning Commission Resolution No. 2006-12 APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 2006, BY THE PLANNING COMMISSION '_OF THE CITY OF DIAMOND BAR. BY: �- { Joe McManus, Chairman I, Nancvong, Planning Commission Secretary, do hereby certify that the foregoing Resolution 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 NOES: Commissioners: ABSENT: Commissioners: ABSTAIN. Commissioners: ATTEST: Toms, Lee, Everett, VC/Nelson, Chair/MCMnus None Norse NONE 7 llLL►I() 'U BAI 11� 1 COMMUNITYOPDEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERICAL AND RESIDENTIAL NEIN AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-07 SUBJECT: Remodel/Addition to Existing Single -Family Residence APPLICANT: Steven Babbitt LOCATION: 2605 Rising Star 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. 2006-07 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. i;3 Planning Commission Resolution No. 2006-12 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 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. 2006-07 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 approvnts al. Further, this approval shall not be effective until the app remaining City processing fees, school fees and fees for the review of submitted reports. th 3. All designers, architects, engi eea and Bus nessctors Registrationtand Izoninlg project shall obtain a Diamond approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution, 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,f iA d shlans anbuildinall be su bm tted goelPlanning evations incorporating all Conditions Approval Division review and approval. 6. Prior to any use of the project siter business be completedy being commenced thereon, all conditions of approvalshall 7. The project site shall be maintainedor otherrated in applicablel regulatance ions. 8. the conditions of approval and all laws g, Approval of this request shall not waive compliance icelshand anyall ions appl�able f the Development Code, all other applicable City Specific Plan in effect at the time of building permit issuance. g. The single family residencesbandlused environmental setting of the adverse effects upon theneighborhood residential site to levels of dust, glarellight, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 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 9 Planning Commission Resolution No. 2006-12 regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 10. 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 Division, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Division, 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. Priorto 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. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 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 pian 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 10 Planning Commission Resolution No. 2006-12 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. The applicant shall submit a Drainage Plan illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. APPLICANT SHALL CONTACT THE BUILDING AND SDIVISION, TVI CONDITIONS: 839-7020, FOR COMPLIANCE WITH THE FOL 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) and regulations in effect all at the timeof applicable n construction codes, ordinances check submittal. me as 2. Occupancy of the facilitiesshnot all Marshalnence regulationissuch havel been m tnifThe orm Building Code and State Fire buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.Pk . h exposures s!1 submit and the site is within seismic zone four (4). The app drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4, This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Fire Department approval shall be required. Contact the FireDepartment tvented to check the fire zone for the location of your property. fo P 1 in 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 114 inch or more than 112 inch in any dimension except where such openings are equipped with sash or door. 6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11 Planning Commission Resolution No. 20065-12 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. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 12 Planning Commission Resolution No, 2006-12 PLANNING COMMISSION RESOLUTION NO. 2006-12 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-07 AND MINOR CONDITIONAL USE PERMIT NO. 2006-03, A REQUEST TO CONSTRUCT AN APPROXIMATE 829 SQUARE FOOT FIRST AND SECOND STORY SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 2,109 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2605 RISING STAR DRIVE (LOT 9, TRACT 25990), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Steven Babbitt, and applicant, Charles Krausman, have filed an application for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03, for a property located at 2605 Rising Star Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On March 16, 2006, 96 property owners within a 500 -foot radius of the project site were notified by mail and the public notice was posted in three public places. On March 17, 2006, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on March 20, 2006, the project site was posted with a display board. 3. On March 28, 2006, 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. 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. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) per California Environmental Quality Act (CEQA). 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 the 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, the 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 upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project site is located at 2605 Rising Star Drive (Lot 9 of Tract 25990), Diamond Bar, California. The pie -shaped parcel is located at the terminus of a cul-de-sac and has approximately 9,060 square feet (0.21 acres) of net lot with an existing one-story single family of approximately 1,280 square feet with a two car garage. (b) The General Plan land use designation for project site of Low Medium Residential (RLM) 5 DU/AC and the zoning designation is Single Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (c) The R-1-8,000 zone and single-family uses surround the site. (d) The application is a request for approval to remodel and construct approximate 829 square feet additions which include a master bedroom/bathroom, sitting area, and expansion of existing bedroom. The approval request also includes a Minor Conditional Use Permit to maintain the legal nonconforming side setbacks. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site, developed with a one-story single-family residence, was established before the July 25, 1995, General Plan adoption and current Municipal Code. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open 2 Planning commission Resolution No. 2006-12 space, and the Low Medium Residential (minimum lot of 8,000 SF) land use designation. The proposed use is zoned for single-family residence at R-1-8,000. There is no specific or additional community planned development for the site. M (9) 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. Rising Star Drive and the access road in the vicinity, Fountain Springs, adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The architectural style of the proposed addition is Ranch and is consistent with the existing residential structure on the project site. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no specific plan for this area. (h) 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. As referenced in the above Findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, 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. 3 Planning Commission Resolution No. 2006-12 The proposed project will not be detrimental to the 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutions and the Building and Safety Division, Public Works Department, and 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA) Section 15301 (e). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies will all other applicable provisions of the Development Code and Municipal Code; Pursuant to Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures applies to this proposed project due to the existing side yard setback of seven feet. For this particular project, the required side yard setbacks are five feet and 10 feet. The existing residence's side yard setbacks are five feet and seven feet. Since the setbacks exist, it will not be changed by the proposed addition. As a result, a Minor Conditional Use Permit approval is required. (I) (m) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Finding (e) above, the proposed use is consistent with the General Plan and there is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 4 Planning Commission Resolution No. 2006-12 As stated in Findings (t), (g) and (h), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Findings (t), (g, (h) and (k), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (p) As referenced in finding (k) above, granting the Minot Conditional Use Permit is required to maintain the existing legal nonconforming side yard setbacks. Therefore, granting a Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning districts in which the property is located. 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 Quality Act of 1970 (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 upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject.to the following conditions and attached Standard Conditions: PLANNING (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated March 28, 2005, as submitted and approved by the Planning Commission, and as amended herein. 5 Planning Commission Resolution No. 2006-12 (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted 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 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 utilized has obtained permits from the City of Diamond Bar to provide such services. (c) 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. The fence shall remain at the buildable pad's edge to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. BUILDING AND SAFETY (d) All bedrooms shall comply with all rescue window requirements. (e) Provide arc fault protection for all bedroom outlets. Also provide ground fault protection for all bathrooms. (f) Show compliance with heating requirements for new addition. (g) Provide 30" clear width for water closet with 24" clear in front. (h) Indicate stair width and headroom clearance. (i) Specify if existing wall removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. 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. Steven Babbitt, 2605 Rising Star Drive, Diamond Bar, CA 91765; and Charles Krausman, Landmarks Design, 515 W. Commonwealth Avenue, Suite 211, Fullerton, CA 92832 6 Planning Commission Resolution No. 2006-12 APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Uoe McManus, Chairman I, NancQong, Planning Commission Secretary, do hereby certify that the foregoing Resolution 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, VC/Nelson, Chair/MCManus NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: NONE 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERICAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-07 SUBJECT: Remodel/Addition to Existing Single -Family Residence APPLICANT: Steven Babbitt LOCATION: 2605 Rising Star 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. 2006-07 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. 8 Planning Commission Resolution No. 2006-12 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 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. 2006-07 at the City of Diamond Bar Communityand 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 the Planning Commission Resolution, 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. 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 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 9 Planning Commission Resolution No. 2006-12 regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 10. 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 Division, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Division, 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 The approval of Development Review No. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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. 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. 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 10 Planning Commission Resolution No. 2006-12 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. The applicant shall submit a Drainage Plan illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. 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 the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. 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. 3. 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. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. 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. 6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11 Planning Commission Resolution No. 2006-12 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. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 12 Planning Commission Resolution No, 2006-12