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HomeMy WebLinkAboutPC 2006-26PLANNING COMMISSION RESOLUTION NO. 2006-26 A RESOLUTION OF: THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-17, A REQUEST TO DEMOLISH AN EXISTING 1,812 SQUARE FOOT HOME TO CONSTRUCT A NEW 5,135 SQUARE FOOT HOME WITH A, DECK, BALCONY, AN ATTACHED THREE -CAR GARAGE AND A DETACHED 600 SQUARE FOOT GUEST HOUSE. THE PROJECT SITE IS LOCATED AT 603 PANTERA DRIVE (APN: 8281-040-040;, LOT 33, TRACT NO. 42580), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Mr. Kabbani Bashir M., and applicant, Landmark Engineering Design, Inc., have filed an application for Development Review No. 2006-17, for property located at 603 Pantera Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 16, 2006, public hearing notices were mailed to approximately 79 property owners within a 500 -foot radius of the project site. On June 16, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 27, 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: 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 603 Pantera Drive (Lot 33 of Tract 42580), Diamond Bar, California. (b) The project site has a General Plan land use designation of Rural Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone; (d) Generally, to the north, south and east is the R-1-20,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000) zone; (e) The Application request is to tear down existing dwelling and to construct a new Single Family Residence of approximately 5,735 square feet, which includes habitable space, deck/balcony, three -car garage and a quest house. Development 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); 4 On July 25, 1995, the City adopted its General Plan. Although Tract No. 42580, Lot 33 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 10,000 SF) land use designation. The proposed project consists of a tear down of the existing 1,812 square foot Single Family Residence and constructing new Single Family Residence of approximately 5,735 square feet, which includes habitable space, deck/balcony, three -car garage and a quest house. Hence, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. (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 (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed Single Family Residence tear down and construction of a new Single Family Residence is consistent with other single-family residences established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. 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. 3 (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; The architectural style of the proposed site is an eclectic Mediterranean design. The compatibility of the proposed project with the surrounding residences 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, the City's General Plan. There is no applicable specific plan for this 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 ifs 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. {j) 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; 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 Division, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4 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 Sar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: PLANNING DIVISION (a) The project shall substantially conform to plot plan, floor plans roof plan, elevations, landscape plan, grading plan collectively labeled as Exhibit "A" dated June 27 2006, as submitted and approved by the Planning Commission, and as amended herein; (b) 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 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 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 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. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; (d) Guest house area shall comply with Development Code Section 22.412.060; (e) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (f) 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 5 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; (g) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" on a form to be provided by the City. The Covenant must be completed and recorded with the Los Angeles County's Recorder's Office priorto the issuance of a building permit; PUBLIC WORKS DIVISION (h) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (i} If applicable, all drainagelrunoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; �) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (k) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission; 0 (1) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (m) The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All unenclosed under -floor areas shall be constructed as exterior walls; (2) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than % inch nor more than Y2 inch in any dimension except where such openings are equipped with sash or door; and (n) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (o) Grading/site plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall and retaining wall calculations; (p) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; (q) Applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading into a sleep room; (r) Door between garage and the house shall be 1 318 inch solid core door, self-closing. Walls between living space and garage shall be 518 type X; 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. Kabanni Bashir M., 603 Pantera Drive, Diamond Bar, CA 91765, and Landmark Engineering Design, 14130 Alondra Boulevard, Suite H, Santa Fe Springs, CA 90670 7 APPROVED AND ADOPTED THIS 27th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: teve Nelson, Vice Chairman 1, Nancy Fong, 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 27th day of June 2006, by the following vote: AYES: Commissioners: Lee-, Everett, Torng, vc/Nelsoxi NOES: Commissioners: -+janp- ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: J 0 Fv� Nancy Fong S creta 0 DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS PROJECT #: Development Review No. 2006-17 SUBJECT: Demolish -Existing 1,812 S care Foot Sin le-Famil ResidencE: and Build a New 4.900. Square Foot Single - Family Residence with a Guest House APPLICANT: Mr. Kabbani Bashir M. LOCATION: 603 Pantera Drive Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREME14TS 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. 2006-17 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. E (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. Signed copies of the Planning Commission Resolution No. 2006-26, 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. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. 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. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay.development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever come first), as required by the City. School fees 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 the map's recordation or issuance of building permit, whichever come first. 2. Prior to any public hearing, all deposit accounts for the processing of this project shall have no deficits. 10 C. TIME LIMITS The approval of Development Review No. 2006-17 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 and approved by the Planning Commission collectively attached hereto as Exhibit "A" including: Site plans, architectural elevations exterior materials and colors landscaping, and parading on file in the Planning Division, the conditions contained herein Develo ment Code regulations, the Specific Plan and the Community Plan. 2. Prior to the issuance of any City 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. 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. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE 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 11 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 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 utilized 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. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. if no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. 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 System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 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. 12 B. SOILS REPORTIGRADINGIRETAINING WALLS The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading, 3. 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 defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as; required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. 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 ofgrading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. Insert as required (.and a permanent irrigation system shall be installed.) 7. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. Submit Drainage Plan to the Public Works/Engineering Department for review and approval prior to Building Permit Issuance. 13 D. OFF-SITE STREET IMPROVEMENTS (insert as required) 1. Applicant shall construct a new driveway approach in accordance with current American Public Works Association (APWA) standards. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and !vocal 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/Engineerwith 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. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 8. All balconies shall be designed for 60 Ib. live load. 9. 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 Zane it shall meet of requirements of the fire zone. 14 10. All unenclosed under -floor areas shall be constructed as exterior wall. 11. 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. 12. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 13. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 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 Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Applicant shall obtain demolition permit and AQMD permit for asbestos clearance. 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. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect: to the Fire Department for review and approval. 15 5. Prior to recordation, the final map shall comply with all Fire Department requirements. - End of Conditions - 16 PLANNING COMMISSION RESOLUTION NO. 2006-26 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-17, A REQUEST TO DEMOLISH AN EXISTING 1,812 SQUARE FOOT HOME TO CONSTRUCT A NEW 5,135 SQUARE FOOT HOME WITH A, DECK, BALCONY, AN ATTACHED THREE -CAR GARAGE AND A DETACHED 600 SQUARE FOOT GUEST HOUSE. THE PROJECT SITE IS LOCATED AT 603 PANTERA DRIVE (APN: 8281-040-040;, LOT 33, TRACT NO. 42580), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Mr. Kabbani Bashir M., and applicant, Landmark Engineering Design, Inc., have filed an application for Development Review No. 2006-17, for property located at 603 Pantera Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 16, 2006, public hearing notices were mailed to approximately 79 property owners within a 500 -foot radius of the project site. On June 16, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 27, 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. 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 603 Pantera Drive (Lot 33 of Tract 42580), Diamond Bar, California. (b) The project site has a General Plan land use designation of Rural Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone; (d) Generally, to the north, south and east is the R-1-20,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000) zone; (e) The Application request is to tear down existing dwelling and to construct a new Single Family Residence of approximately 5,735 square feet, which includes habitable space, deck/balcony, three -car garage and a quest house. Development 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); 2 On July 25, 1995, the City adopted its General Plan. Although Tract No. 42580, Lot 33 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 10,000 SF) land use designation. (9) The proposed project consists of a tear down of the existing 1,812 square foot Single Family Residence and constructing new Single Family Residence of approximately 5,735 square feet, which includes habitable space, deck/balcony, three -car garage and a quest house. Hence, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. 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 the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed Single Family Residence tear down and construction of a new Single Family Residence is consistent with other single-family residences established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. 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. 3 (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; a) The architectural style of the proposed site is an eclectic Mediterranean design. The compatibility of the proposed project with the surrounding residences 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, the City's General Plan. There is no applicable specific plan for this 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 (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. 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; 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 Division, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4 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: PLANNING DIVISION (a) The project shall substantially conform to plot plan, floor plans roof plan, elevations, landscape plan, grading plan collectively labeled as Exhibit "A" dated June 27 2006, as submitted and approved by the Planning Commission, and as amended herein; (b) 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 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 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 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. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; (d) Guest house area shall comply with Development Code Section 22.42.060; (e) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; M 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 5 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; (g) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" on a form to be provided by the City. The Covenant must be completed and recorded with the Los Angeles County's Recorder's Office priorto the issuance of a building permit; PUBLIC WORKS DIVISION (h) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (i) a) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (k) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission; 6 (1) (m) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) (2) All unenclosed under -floor areas shall be constructed as exterior walls; All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than Y2 inch in any dimension except where such openings are equipped with sash or door; and (n) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (o) Grading/site plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall and retaining wall calculations; (p) (q) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; Applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading into a sleep room; (r) Door between garage and the house shall be 1 3/8 inch solid core door, self-closing. Walls between living space and garage shall be 5/8 type X; 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. Kabanni Bashir M., 603 Pantera Drive, Diamond Bar, CA 91765, and Landmark Engineering Design, 14130 Alondra Boulevard, Suite H, Santa Fe Springs, CA 90670 7 APPROVED AND ADOPTED THIS 27th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, Nancy Fong, 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 27th day of June 2006, by the following vote: AYES: Commissioners: Lee, Everett, Torng, VC/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: 8 DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS PROJECT #: Development Review No. 2006-17 SUBJECT: Demolish Existing 1,812 Square Foot Single -Family Residence: and Build a New 4,900 Square Foot Single - Family Residence with a Guest House APPLICANT: Mr. Kabbani Bashir M. LOCATION: 603 Pantera Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (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. 2006-17 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. 9 (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. Signed copies of the Planning Commission Resolution No. 2006-26, 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. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. 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. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever come first), as required by the City. School fees 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 the map's recordation or issuance of building permit, whichever come first. 2. Prior to any public hearing, all deposit accounts for the processing of this project shall have no deficits. 10 C. TIME LIMITS 1. The approval of Development Review No. 2006-17 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 and approved by the Planning Commission collectively attached hereto as Exhibit "A" including: Site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. Prior to the issuance of any City 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. 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. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1 Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. 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 11 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 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 applicants obligation to insure that the waste contractor utilized 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. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. 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 System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 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. 12 B. SOILS REPORT/GRADING/RETAINING WALLS 1 The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 3. 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 defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required bythe City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. 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. Insert as required (and a permanent irrigation system shall be installed.) 7. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. Submit Drainage Plan to the Public Works/Engineering Department for review and approval prior to Building Permit Issuance. 13 D. OFF-SITE STREET IMPROVEMENTS (Insert as required) 1 Applicant shall construct a new driveway approach in accordance with current American Public Works Association (APWA) standards. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. 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. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 8. All balconies shall be designed for 60 Ib. live load. 9. 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. 14 10. All unenclosed under -floor areas shall be constructed as exterior wall. 11. 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. 12. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 13. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 14. The project shall be protected by a construction fence and shall comply with the NPDES & BMF' requirements (sand bags, etc.) 15. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Applicant shall obtain demolition permit and AQMD permit for asbestos clearance. 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. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 15 5. Prior to recordation, the final map shall comply with all Fire Department requirements. - End of Conditions 16