Loading...
HomeMy WebLinkAboutPC 2006-24PLANNING COMMISSION RESOLUTION NO. 2006-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2006-09 FOR THE ADDITION OF 1,143 SQUARE FEET TO AN EXISTING S114GLE FAMILY HOUSE AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 8281-034-048. A. RECITALS 1. The Planning Commission considered an application fled by the property owners, Romeo and Jeanette Barbero, requesting approval of plans to construct a 1,143 square foot addition to an existing single-family residential dwelling unit. The second story addition will contain 1,111.5 square feet of enclosed floor area. The subject property is located at 441 Wayside Place. 2. The subject property is zoned R-1-10,000 (Low Density Residential - RL) and it contains 10,356 square feet of land area. 3. The subject property is legally described at Lot 25, Tract 42585, MB 1024, pages 15-23 and the Assessor Parcel Number (APN) is 8281-034-048 4. On or about June 16, 2006, 68 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 16, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; a public hearing notice display board was posted at the site; and three locations were posted within the project vicinity. 5. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing regarding 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing, the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW (a) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site has an existing single-family structure built in 1987. The proposed project complies with the elements of the adopted General Plan in terms of land use and density. The proposed addition will create a larger single-family dwelling unit in compliance with the City's adopted Development Code. (b) 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. The project site is currently developed within an existing single-family dwelling. The proposed addition does not change the permitted use of land. The proposed size of the dwelling unit is consistent with other two-story dwelling units located in the neighborhood and same zone. The project site is adequately served by public streets and associated utilities. (c) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. E 5. The proposed project's architectural design elements and color palette are compatible with the eclectic architectural style of other homes within the neighborhood. Roof articulation, decorative trim and molding treatment will provide visual relief to the elevations. The material/color samples indicate earth -toned shades will be used for the exterior finish to soften the impact and assist in preserving the aesthetic value of the neighborhood. (d) 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. The project's design is consistent with other two-story dwelling units located in the neighborhood and the same zone. (e) 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. The proposed project embodies many of the design elements exhibited by surrounding two-story single-family dwelling units. The proposed project will comply with the provisions of the City's adopted Development Code, Design Guidelines and the Building Code. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA). Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Applicant shall provide temporary sanitation facilities while the project is being constructed. (2) Maximum height of the proposed second story addition shall not exceed the height of 24 feet as shown on the submitted plans and as measured from the finished grade at any exterior wall of the structure to the highest point of the roofiine. (3) The existing landscaping of the site and the landscaping proposed on the submitted plans shall be maintained in 3 accordance with the provisions of Chapter 22.24 of the Diamond Bar Development Code. (4) if the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. b. Public Works De artment (1) Finished slopes shall conform to City Code Section 22.22.080 - Grading. C. Building and Safety Division (1) 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. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (4) All sleeping rooms shall have windows that complywith egress requirements. (5) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (6) Application shall provide window and door schedule for Building and Safety plan check. (d) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A." 4 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. & Mrs. Romeo Barbero, 441 Wayside Place, Diamond Bar, CA 91765, APPROVED AND ADOPTED 'THIS 27th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: eve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of June 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Nancy Fong, Everett, Lee, Torna, VC/Nelson None None Nor.e 9 COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS PROJECT No.: Development Review No. 2006-09 SUBJECT: 1,143 Sq. Ft. Second Story Addition To An Existing Single Family Residence PROPERTY OWNER/ Mr. & Mrs. Romeo Barbera APPLICANT: LOCATION: 441 Wayside Place Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS i. 1n 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. 2005-22 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 claim, action of proceeding, and shall cooperate fully in the defense thereof. X 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. DR 2005-09, 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 the Planning Commission Resolution No. 2005-24, 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. Site, grading, landscape/irrigation and roof 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 come 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 significantly adverse effects on public services and resources. The single family residence shall not be used for commercialfinstitutional purposes, or otherwise used as a separate dwelling. The property shall not be used for 7 regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property ownedapplicant 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 the Fire Department. B. FEESIDEPOSITS 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. 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. DR 2006-09 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 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 April 10 2006 including: Site plans, floor plans, architectural elevations, exterior materials and colors, land scapinglirrigation plan and grading on file in the Planning Division, the conditions contained herein, 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. �Q 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. All roof mounted equipment shall be screened from public view. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 2. Retaining walls shall not exceed an exposed height of six feet as delineated in Exhibit "A." All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE T . The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 0 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 3. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 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. E. UTILITIES The proposed project shall be served underground by all public utilities. F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 10 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 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. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 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). 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. Separate permit shall be required for all walls and shall be noted on plans. 6. A height survey may be required at completion of framing. 7. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 8. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 9. All balconies shall The designed for 60 Ib. live load. 10. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail. 11. Indicate all easements on the site plan. 12. 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 114 inch or more than 112 inch in any dimension except where such openings are equipped with sash or door. 11 13. All retaining walls shall be submitted to the Building & Safety Division and Public Works Department for review and approval. 14. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 15. Check drainage patterns with Public Works Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 18. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 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. - End of Conditions - 12 PLANNING COMMISSION RESOLUTION NO. 2006-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2006-09 FOR THE ADDITION OF 1,143 SQUARE FEET TO AN EXISTING SINGLE FAMILY HOUSE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 8281-034-048. A. RECITALS 1 The Planning Commission considered an application filed by the property owners, Romeo and Jeanette Barbero, requesting approval of plans to construct a 1,143 square foot addition to an existing single-family residential dwelling unit. The second story addition will contain 1,111.5 square feet of enclosed floor area. The subject property is located at 441 Wayside Place. 2. The subject property is zoned R-1 -10,000 (Low Density Residential - RL) and it contains 10,356 square feet of land area. 3. The subject property is legally described at Lot 25, Tract 42585, MB 1024, pages 15-23 and the Assessor Parcel Number (APN) is 8281-034-048 4. On or about June 16, 2006, 68 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 16, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; a public hearing notice display board was posted at the site; and three locations were posted within the project vicinity. 5. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing regarding 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing, the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW (a) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site has an existing single-family structure built in 1987. The proposed project complies with the elements of the adopted General Plan in terms of land use and density. The proposed addition will create a larger single-family dwelling unit in compliance with the City's adopted Development Code. (b) 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. The project site is currently developed within an existing single-family dwelling. The proposed addition does not change the permitted use of land. The proposed size of the dwelling unit is consistent with other two-story dwelling units located in the neighborhood and same zone. The project site is adequately served by public streets and associated utilities. (c) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. 2 The proposed project's architectural design elements and color palette are compatible with the eclectic architectural style of other homes within the neighborhood. Roof articulation, decorative trim and molding treatment will provide visual relief to the elevations. The material/color samples indicate earth -toned shades will be used for the exterior finish to soften the impact and assist in preserving the aesthetic value of the neighborhood. (d) 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. The project's design is consistent with other two-story dwelling units located in the neighborhood and the same zone. (e) 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. M The proposed project embodies many of the design elements exhibited by surrounding two-story single-family dwelling units. The proposed project will comply with the provisions of the City's adopted Development Code, Design Guidelines and the Building Code. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) (2) Maximum height of the proposed second story addition shall not exceed the height of 24 feet as shown on the submitted plans and as measured from the finished grade at any exterior wall of the structure to the highest point of the roofline. (3) Applicant shall provide temporary sanitation facilities while the project is being constructed. The existing landscaping of the site and the landscaping proposed on the submitted plans shall be maintained in 3 accordance with the provisions of Chapter 22.24 of the Diamond Bar Development Code. (4) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. b. Public Works Department (1) Finished slopes shall conform to City Code Section 22.22.080 - Grading. c. Building and Safety Division (1) 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. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (4) All sleeping rooms shall have windows that comply with egress requirements. (5) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (6) Application shall provide window and door schedule for Building and Safety plan check. (d) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A." 4 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. & Mrs. Romeo Barbero, 441 Wayside Place, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: eve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of June 2006, by the following vote: AYES: Commissioners: Everett, Lee, Torng, VC/Nelson NOES: Commissioners: None ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, S None None 5 COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS PROJECT No.: Development Review No. 2006-09 SUBJECT: 1,143 Sq. Ft. Second Story Addition To An Existing Single Family Residence PROPERTY OWNER/ Mr. & Mrs. Romeo Barbero APPLICANT: LOCATION: 441 Wayside Place, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2005-22 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 claim, action of proceeding, and shall cooperate fully in the defense thereof. 6 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. DR 2006-09, 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 the Planning Commission Resolution No. 2006-24, 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. Site, grading, landscape/irrigation and roof 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 come 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 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 7 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 the 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. DR 2006-09 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 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 April 10, 2006, including: Site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 8 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. All roof mounted equipment shall be screened from public view. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1 Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 2. Retaining walls shall not exceed an exposed height of six feet as delineated in Exhibit "A." All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 9 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 3. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 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. E. UTILITIES 1. The proposed project shall be served underground by all public utilities. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 10 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. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 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). 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. Separate permit shall be required for all walls and shall be noted on plans. 6. A height survey may be required at completion of framing. 7. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 8. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 9. All balconies shall the designed for 60 Ib. live load. 10. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail. 11. Indicate all easements on the site plan. 12. 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. 11 13. All retaining walls shall be submitted to the Building & Safety Division and Public Works Department for review and approval. 14. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 15. Check drainage patterns with Public Works Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 18. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 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. - End of Conditions 12