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HomeMy WebLinkAboutPC 2006-35PLANNING COMMISSION RESOLUTION NO. 2006-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-14, MINOR CONDITIONAL USE PERMIT NO. 2006-05 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,600 SQUARE FEET TO AN EXISTING ONE STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 1,414 SQUARE FEET WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 24115 WILLOW CREEK ROAD (LOT 78, TRACT NO. 91765), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Mr. and Mrs. Adolfo Mijares, and applicant, Mr. Sergio Gonzales, have filed an application for Development Review No. 2006-14, Minor Conditional Use Permit No. 2006-05 and categorical exemption for a property located at 24115 Willow Creek Road, Diamond Bar, Los Angeles County, California„ Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On July 21, 2006, public hearing notices were mailed to approximately 106 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On July 26, 2006, the project site was posted with a display board. On July 27, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On August 8, 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 in accordance 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 approximately 9,670 square feet, rectangular shape and widening at the rear property line with a restricted use area within the rear of the site. It is developed with a one-story residence of approximately 1,412 square feet plus a two -car garage and swimming pool. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is for Development Review approval to construct a first and second story addition of 2,600 square feet including a patio cover, front porch, decks and balcony to an existing one-story single family residence of approximately 1,412 square feet with an existing two -car garage. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. 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 Planning Commission Resolution No. 2006-35 On July 25, 1995, the City adopted its General Plan. Tract No. 27533, Lot 78 (project site) was established and homes were built within the tract prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allows for lot varying in size from 8,500 to 20,000 square feet. The project site is 9,670 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report except for the existing legal non -conforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. The proposed addition/remodel changes the existing architectural style to Mediterranean and existing flat roof to a multi-level pitch roof. The front elevation will be changed by adding an entry flanked by columns with a deck above, a tower with an interior curved stairway and a balcony above the garage. Plaster moldings will surround the windows. A plaster molding band will divide the side and rear elevations. Columned archways define the rear patio cover with two decks above. Tejas textured stone (Austin Chardonnay) will be used to accent the tower and front entry. Blended terra cotta concrete tile will be used for the roof and stucco walls will be off-white. Staff is recommending that the applicant use one of the texture stone colors to accent the columns and moldings. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. As such, the proposed project is consistent with the City's Design Guidelines. The project neighborhood is a combination of one and two-story residences. Two-story homes exist on each side of the subject residence and directly behind it. However, the residences located behind the project site are at a much higher elevation. Therefore, the proposed second story addition will not interfere with their view. (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. 3 Planning Commission Resolution No. 2006-35 With the approval and construction of the proposed project, the current use (single-family residence) 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 be compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As referenced in Finding (t) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project area. (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 (0, (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. (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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is 4 Planning Commission Resolution No. 2006-35 not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (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 of Diamond Bar. Minor Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (f), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8,000/RL zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project sit R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming side yard setbacks. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. In accordance to Development Code Section 22.68.030 (a) and (b) — Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional' Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five foot side yard setback. 5 Planning Commission Resolution No. 2006-35 In accordance to Table 2-4 of Development Code Section 22.08.040, the required side yard setbacks for the RL zoning district are five and 10 feet with a 15 foot separation between residential structures on adjoining properties. The existing residence at the project site has side yard setbacks of five feet with 10.5 and 13 foot separation between residential structures on adjoining properties. The side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was constructed are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation between residential structures on adjoining properties. The proposed addition will maintain the existing side yard setbacks and existing separation between residential structures on adjoining properties. It will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in the RL zoning district. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The project site is rectangular shape and widening at the rear property line. At the narrowest point the side yard setbacks are five feet on one side and widen to 10 feet on the other side. Even with the addition, the residence will maintain the existing setbacks. Furthermore, the five foot setback is between garages on the project site and adjacent property. The setback begins to widen with habitable space. (2) The project site is located in an area where Willow Creek Road curves. The homes located in the curve areas of the street are designed as if located on a cul-de-sac (i.e., narrow in the front and widening at the rear). Therefore, the five foot side yard setback occurs most frequently at the curve of the street in this neighborhood. (3) The proposed addition will maintain the existing legal nonconforming five foot setback and follow the existing development line with a varying setback up to 10 feet. (4) With the proposed addition and legal non -conforming side yard setbacks and legal non -conforming separation between residences will be maintained. (5) By maintaining the existing setbacks and separation between residential structures on adjoining lots, the proposed project is consistent with other homes within the neighborhood located on the curve area of Willow Creek Road. Additionally, the 6 Planning Commission Resolution No. 2006-35 proposed project will add value to and visually enhance the existing residence and neighborhood. (m) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the General Plan because itis compatible with the prevailing character of the surrounding neighborhood with regard to setbacks, separation between residential structures on adjoining parcels, height, lot coverage, architectural style, colors and materials. There is not applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (t), (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity, (o) The subject: site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As stated in Findings (t), (g, (h), (i) and (1) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or, improvements in the vicinity and zoning district in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Suction 15301(e), the City has determined that the project 7 Planning Commission Resolution No. 2006-35 identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Nonconforming The proposed addition will not result in the structure becoming: (r) Incompatible with other structures in the neighborhood. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. The project neighborhood is a combination of one and two-story residences with the same or similar side yard setbacks and separations between residences on adjoining properties. Two-story homes exist on each side of the subject residence and directly behind it. Additionally, the residences located behind the project site are at a much higher elevation and the proposed second story addition will not interfere with their view. Furthermore, as stated in Findings (f) and (1) above, the proposed addition is consistent with the architectural style of the subject residence and other residences in the surrounding neighborhood. Therefore, the proposed project is not incompatible with other residences in the neighborhood (s) Inconsistent with the General Plan or any applicable specific plan. As stated in Finding (m) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming side yard setbacks will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations due to specific issues addressed in findings (1) and (r) above . (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on findings mentioned above and conditions of approval, the proposed addition and other minor improvements will not be 8 Planning Commission Resolution No. 2006-35 detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. Based on findings mentioned above and conditions of approval, the proposed addition and other minor improvements will not be detrimental and/or injurious to property and improvements in the neighborhood. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the front yard for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior, to the issuance of any City permits, the applicant shall submit a sample of the color to be use for the columns and moldings for Planning Division approval. B. Building and Safety Division 1. Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedroom and hallway leading to sleeping areas. 3. Prior to Plan Check submittal, the applicant shall provide accurate square footage of living space, garage, deck, etc. 4. All bedrooms shall comply with all rescue window requirements. 9 Planning Commission Resolution No. 2006-35 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. and Mrs. Adolfo Mijares, 24115 Willow Creek Road, Diamond Bar, CA 91765 and Mr. Sergio Gonzales, 6 N. First Avenue, Arcadia, CA 91006. APPROVED AND ADOPTED THIS 8Th OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 1�� "I"N Steve Nelson, Vice Chairman 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 8th day of August 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Commissioners: Lee, Wei, Tomg, VC/Nelson Commissioners: None. Commissioners: None. Commissioners: None. , Se 10 Planning Commission Resolution No. 2006-35 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Developrnent Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 SUBJECT: Addition/Remodel to Existing Single -Family Residence PROPERTY OWNER: Mr. and Mrs. Adolfo Mijares APPLICANT: Mr. Sergio Gonzales LOCATION: 24115 Willow Creek Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 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. 11 Planning Commission Resolution No. 2006-35 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006-35, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. g. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency priorto issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 12 Planning Commission Resolution No. 2006-35 significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay, development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" dated August 8, 2006, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a 13 Planning Commission Resolution No. 2006-35 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. 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 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1. An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1 st 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. B. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 14 Planning Commission Resolution No. 2006-35 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 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fine 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. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 15 Planning Commission Resolufion No. 2006-35 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 16 planning Commission Resolution No. 2006-35 PLANNING COMMISSION RESOLUTION NO. 2006-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-14, MINOR CONDITIONAL USE PERMIT NO. 2006-05 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,600 SQUARE FEET TO AN EXISTING ONE STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 1,414 SQUARE FEET WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 24115 WILLOW CREEK ROAD (LOT 78, TRACT NO. 91765), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Mr. and Mrs. Adolfo Mijares, and applicant, Mr. Sergio Gonzales, have filed an application for Development Review No. 2006-14, Minor Conditional Use Permit No. 2006-05 and categorical exemption for a property located at 24115 Willow Creek Road, Diamond Bar, Los Angeles County, California.. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On July 21, 2006, public hearing notices were mailed to approximately 106 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On July 26, 2006, the project site was posted with a display board. On July 27, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily' Bulletin newspapers. 3. On August 8, 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 in accordance 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 approximately 9,670 square feet, rectangular shape and widening at the rear property line with a restricted use area within the rear of the site. It is developed with a one-story residence of approximately 1,412 square feet plus a two -car garage and swimming pool. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is for Development Review approval to construct a first and second story addition of 2,600 square feet including a patio cover, front porch, decks and balcony to an existing one-story single family residence of approximately 1,412 square feet with an existing two -car garage. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. Development Review M 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 Planning Commission Resolution No. 2006-35 On July 25, 1995, the City adopted its General Plan. Tract No. 27533, Lot 78 (project site) was established and homes were built within the tract prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allows for lot varying in size from 8,500 to 20,000 square feet. The project site is 9,670 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report except for the existing legal non -conforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. The proposed addition/remodel changes the existing architectural style to Mediterranean and existing flat roof to a multi-level pitch roof. The front elevation will be changed by adding an entry flanked by columns with a deck above, a tower with an interior curved stairway and a balcony above the garage. Plaster moldings will surround the windows. A plaster molding band will divide the side and rear elevations. Columned archways define the rear patio cover with two decks above. Tejas textured stone (Austin Chardonnay) will be used to accent the tower and front entry. Blended terra cotta concrete tile will be used for the roof and stucco walls will be off-white. Staff is recommending that the applicant use one of the texture stone colors to accent the columns and moldings. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. As such, the proposed project is consistent with the City's Design Guidelines. The project neighborhood is a combination of one and two-story residences. Two-story homes exist on each side of the subject residence and directly behind it. However, the residences located behind the project site are at a much higher elevation. Therefore, the proposed second story addition will not interfere with their view. (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. 3 Planning Commission Resolution No. 2006-35 With the approval and construction of the proposed project, the current use (single-family residence) 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 be compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. G) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project area. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is 4 Planning Commission Resolution No. 2006-35 not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (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 of Diamond Bar. Minor Conditional Use Permit (I) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (t), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8, 000/RL zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project sit R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming side yard setbacks. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. In accordance to Development Code Section 22.68.030 (a) and (b) - Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional' Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five foot side yard setback. 5 Planning Commission Resolution No. 2006-35 In accordance to Table 2-4 of Development Code Section 22.08.040, the required side yard setbacks for the RL zoning district are five and 10 feet with a 15 foot separation between residential structures on adjoining properties. The existing residence at the project site has side yard setbacks of five feet with 10.5 and 13 foot separation between residential structures on adjoining properties. The side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was constructed are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation between residential structures on adjoining properties. The proposed addition will maintain the existing side yard setbacks and existing separation between residential structures on adjoining properties. It will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in the RL zoning district. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The project site is rectangular shape and widening at the rear property line. At the narrowest point the side yard setbacks are five feet on one side and widen to 10 feet on the other side. Even with the addition, the residence will maintain the existing setbacks. Furthermore, the five foot setback is between garages on the project site and adjacent property. The setback begins to widen with habitable space. (2) The project site is located in an area where Willow Creek Road curves. The homes located in the curve areas of the street are designed as if located on a cul-de-sac (i. e., narrow in the front and widening at the rear). Therefore, the five foot side yard setback occurs most frequently at the curve of the street in this neighborhood. (3) The proposed addition will maintain the existing legal nonconforming five foot setback and follow the existing development line with a varying setback up to 10 feet. (4) With the proposed addition and legal non -conforming side yard setbacks and legal non -conforming separation between residences will be maintained. (5) By maintaining the existing setbacks and separation between residential structures on adjoining lots, the proposed project is consistent with other homes within the neighborhood located on the curve area of Willow Creek Road. Additionally, the 6 Planning Commission Resolution No. 2006-35 proposed project will add value to and visually enhance the existing residence and neighborhood. (m) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the Genera! Plan because it is compatible with the prevailing character of the surrounding neighborhood with regard to setbacks, separation between residential structures on adjoining parcels, height, lot coverage, architectural style, colors and materials. There is not applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (f), (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity; (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) (q) As stated in Findings (t), (g, (h), (i) and (I) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project 7 Planning Commission Resolution No. 2006-35 identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Nonconforming The proposed addition will not result in the structure becoming: (r) Incompatible with other structures in the neighborhood. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. The project neighborhood is a combination of one and two-story residences with the same or similar side yard setbacks and separations between residences on adjoining properties. Two-story homes exist on each side of the subject residence and directly behind it. Additionally, the residences located behind the project site are at a much higher elevation and the proposed second story addition will not interfere with their view. Furthermore, as stated in Findings (f) and (I) above, the proposed addition is consistent with the architectural style of the subject residence and other residences in the surrounding neighborhood. Therefore, the proposed project is not incompatible with other residences in the neighborhood (s) Inconsistent with the General Plan or any applicable specific plan. As stated in Finding (m) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming side yard setbacks will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations due to specific issues addressed in findings (I) and (r) above . (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on findings mentioned above and conditions of approval, the proposed addition and other minor improvements will not be 8 Planning Commission Resolution No. 2006-35 detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. Based on findings mentioned above and conditions of approval, the proposed addition and other minor improvements will not be detrimental and/or injurious to property and improvements in the neighborhood. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1 Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the front yard for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to the issuance of any City permits, the applicant shall submit a sample of the color to be use for the columns and moldings for Planning Division approval. B. Building and Safety Division 1. Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedroom and hallway leading to sleeping areas. 3. Prior to Plan Check submittal, the applicant shall provide accurate square footage of living space, garage, deck, etc. 4. All bedrooms shall comply with all rescue window requirements. 9 Planning Commission Resolution No. 2006-35 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. and Mrs. Adolfo Mijares, 24115 Willow Creek Road, Diamond Bar, CA 91765 and Mr. Sergio Gonzales, 6 N. First Avenue, Arcadia, CA 91006. APPROVED AND ADOPTED THIS 8Th OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman 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 8th day of August 2006, by the following vote: AYES: Commissioners: Lee, Wei, Torng, VC/Nelson NOES: Commissioners: None. ABSTAIN: Commissioners: None. ABSENT: Commissioners: None. 10 Planning Commission Resolution No. 2006-35 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 SUBJECT: Addition/Remodel to Existing Single -Family Residence PROPERTY OWNER: Mr. and Mrs. Adolfo Mijares APPLICANT: Mr. Sergio Gonzales LOCATION: 24115 Willow Creek Road 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. 2006-14 and Minor Conditional Use Permit No. 2006-05 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. 11 Planning Commission Resolution No. 2006-35 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006-35, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 12 Planning Commission Resolution No. 2006-35 significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" dated August 8, 2006, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a 13 Planning Commission Resolution No. 2006-35 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. 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 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1 An Erosion Control Plan shall be submitted prior to the issuance of any City permits. 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. B. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 14 Planning Commission Resolution No. 2006-35 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as 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. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 15 Planning Commission Resolution No. 2006-35 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. I 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 16 Planning Commission Resolution No. 2006-35