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HomeMy WebLinkAboutPC 2006-36I3LANNING COMMISSION RESOLUTION NO. 2006-36 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-30, MINOR CONDITIONAL USE PERMIT NO. 2006-10 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REVISE THE ONE-STORY FRONT ELEVATION WITH STONE ARCHITECTURAL DETAILS, CONVERT THE THREE CAR GARAGE TO TWO CAR GARAGE WITH STORAGE, ADD A 323 SQUARE FEET, TWO-STORY HOBBY ROOM ADDITION TO THE EXISTING 1,949 SQUARE FEET, TWO-STORY, SINGLE FAMILY STRUCTURE, AND MODIFY THE EXISTING DRIVEWAY. THE PROJECT SITE Iii ASSESSOR PARCEL NUMBER 8765-014-008, 20925 PASCO COURT (LOT 8, TRACT NO. 33104), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Tom V. and Lisa C. Bode, filed Development Review No. 2006-30 and Minor Conditional Use Permit No. 2006-10 applications for the property of assessor parcel number 8765-014-008, located at 20925 Pasco Court (Lot 8, Tract No. 33104), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 500 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley DailV Bulletin newspapers. A public hearing notice display board was posted at the site and legal notices were posted at the City's designated community posting sites. 3. On August 22, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The residential site is assessor parcel number 8765-014-008, 20925 Pasco Court (Lot 8 Tract 33104), Diamond Bar, California. The lot is 8,085 square feet in size and is an irregular shape near the end of the cul-de-sac. The existing two-story, single family residence was completed in 1980. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single family Residence Planned Development, RPD 10,000-4U. (c) The RPD 10,000-8U zone and residential use is to the north and the RPD 10,000-4U zone and single family uses are south, east and west of the site. (d) The Application requests to revise the one-story front elevation with stone architectural details; convert the three car garage to two car garage with storage; add a 323 square feet, two-story hobby room addition to the existing 1,949 square feet, two-story, single family structure; and modify the existing driveway. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. 2 Planning commission Resolution No. 2006-36 The project site, currently developed with a two-story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan land use designation is Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Elar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent, it is comparable with the existing neighborhood, it meets the required height limitations; and it does not encroach further into the setbacks than the existing structure. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Brea Canyon Road and Fallow Field Drive adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a two-story single family residence and the use does not change. The Application maintains the existing style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The new two-story hobby room with faux balcony and the covered porch supported by new stone columns is a new feature at the streetscape. The application modernizes the existing structure by eliminating the existing siding and batons replacing it with stucco,- adds tucco,adds stucco window trims; adds the stucco finish on the brick fireplace; and replace the existing brick trim with new stone. The exterior elevation of the garage bay is converted to windows to match the existing, living room. The colorpalette is neutral and uses many of the existing materials and colors so that the multi-level roofs, windows, stucco and stone add texture, contrast, and low maintenance materials. 3 Planning Commission Resolubon No. 2006-36 The application's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e j), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code with the approval driveway width. The existing three car driveway will be removed and the drive approach narrowed to 14 feet. The wider driveway in front of the structure is for parking and the walkway to the new covered porch. The front yard landscape area is 4 Planning commission Resolution No. 2006-36 more than 50 percent of the total front yard area and the 36 feet front setback with the additional planting accommodates the requested hardscape. (I) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Items (e) and (k), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity, As stated in Items (e-1), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -m), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence oi' physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a ;single-family residence. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5 Planning Commission Resolution No. 2006-36 4. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the attached Standard Conditions. APPROVED AND ADOPTED THIS 22nd DAY 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, at a regular meeting of the Planning Commission held on the 22nd day of August 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Torng, Lee, Wei, VC/Nelson None. None. None. 6 Planning Commission Resolution No. 2006-36 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Development Review Number 2006-30 and Minor Conditional Use Permit No. 2006-10 SUBJECT: A request to revise the one-story front elevation with stone architectural details, convert the three car garage to two car garage with storage, add a 323 square feet, two-story hobby room addition to the existing 1,949 square feet, two-story, single family structure, and modify the existing driveway. APPLICANTS: Tom V. and Lisa C. Bode LOCATION: 20925 Pasco Court 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 to 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 Number 2006-30 and Minor Conditional Use Permit No. 2006-10 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. 7 Planning Commission Resolution No. 2006-36 (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 Number 2006-30 and Minor Conditional Use Permit No. 2006-10, 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 the Planning Commission Resolution No. 2006-36, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site, 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. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for 8 Planning Commission Resolution No. 2006-36 regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 10. Property ownerlapplicant shall remove the public hearing notice board within three days of this (project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the 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 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 Number 2006-30 and Minor Conditional Use Permit No. 2006-10 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plan, floor plans, and architectural elevations 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 form to be provided by the City. The covenant shall be completed and recorded with the L -os 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 9 Planning Commission Resolution No. 2006-36 adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. All roof mounted equipment shall be screened from public view. E. LANDSCAPE 1. All landscape and driveway reconstruction plans shall be coordinated for consistency prior to issuance of City permits or approved use has commenced, whichever comes first. 2. Prior to issuance of any permits, detailed landscape plan with the type of planting materials, color, size, quantity and location; the irrigation system, and driveway reconstruction plans shall be submitted to the Planning Division for review and approval. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. F. SOLID WASTE I . The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards and shall be shielded from public view. 10 Planning Commission Resolution No. 2006-36 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. OFF-SITE IMPROVEMENTS Applicant shall construct a sidewalk (the length of the subject property's frontage) behind the existing curb and 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. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 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 codEis, ordinances and regulations in effect at the time of plan check submittal. 2. 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/EngineU with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved drainage plan. 5. All balconies shall be designed for 601b. live load. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Indicate all easements on the site plan. 11 Planning Commission Resolution No. 2006-36 8. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 9. Specify location of tempered glass as required by code. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. Specify 1 /4" /ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 12. The door between garage and the house shall be 13/8" solid core door, self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 13. All bedrooms shall comply with all rescue window requirements and size of all windows shall be specified on the plans. 14. Provide arc fault protection for all new bedroom outlets. Provide ground fault protection for all new bathrooms, kitchen and laundry outlets. 15. Indicate compliance with heating requirements for the new addition. 16. Specify if the existing walls removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. 12 Planning Commission Resolution No. 2006-36 PLANNING COMMISSION RESOLUTION NO. 2006-36 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-30, MINOR CONDITIONAL USE PERMIT NO. 2006-10 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REVISE THE ONE-STORY FRONT ELEVATION WITH STONE ARCHITECTURAL DETAILS, CONVERT THE THREE. CAR GARAGE TO TWO CAR GARAGE WITH STORAGE, ADD A 323 SQUARE FEET, TWO-STORY HOBBY ROOM ADDITION TO THE EXISTING 1,949 SQUARE FEET, TWO-STORY, SINGLE FAMILY STRUCTURE, AND MODIFY THE EXISTING DRIVEWAY. THE PROJECT SITE IS ASSESSOR PARCEL NUMBER 8765-014-008, 20925 PASCO COURT (LOT 8, TRACT NO. 33104), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Tom V. and Lisa C. Bode, filed Development Review No. 2006-30 and Minor Conditional Use Permit No. 2006-10 applications for the property of assessor parcel number 8765-014-008, located at 20925 Pasco Court (Lot 8, Tract No. 33104), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 500 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site and legal notices were posted at the City's designated community posting sites. 3. On August 22, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recital's, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The residential site is assessor parcel number 8765-014-008, 20925 Pasco Court (Lot 8 Tract 33104), Diamond Bar, California. The lot is 8,085 square feet in size and is an irregular shape near the end of the cul-de-sac. The existing two-story, single family residence was completed in 1980. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single family Residence Planned Development, RPD 10,000-4U. (c) The RPD 10,000-8U zone and residential use is to the north and the RPD 10,000-4U zone and single family uses are south, east and west of the site. (d) The Application requests to revise the one-story front elevation with stone architectural details; convert the three car garage to two car garage with storage; add a 323 square feet, two-story hobby room addition to the existing 1,949 square feet, two-story, single family structure; and modify the existing driveway. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. 2 Planning Commission Resolution No. 2006-36 The project site, currently developed with a two-story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan land use designation is Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. M (9) The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent; it is comparable with the existing neighborhood; it meets the required height limitations; and it does not encroach further into the setbacks than the existing structure. 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. Brea Canyon Road and Fallow Field Drive adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a two-story single family residence and the use does not change. The Application maintains the existing style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The new two-story hobby room with faux balcony and the covered porch supported by new stone columns is a new feature at the streetscape. The application modernizes the existing structure by eliminating the existing siding and batons replacing it with stucco; adds stucco window trims; adds the stucco finish on the brick fireplace; and replace the existing brick trim with new stone. The exterior elevation of the garage bay is converted to windows to match the existing, living room. The color palette is neutral and uses many of the existing materials and colors so that the multi-level roofs, windows, stucco and stone add texture, contrast, and low maintenance materials. 3 Planning Commission Resolution No. 2006-36 The application's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. U) The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e j), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code with the approval driveway width. The existing three car driveway will be removed and the drive approach narrowed to 14 feet. The wider driveway in front of the structure is for parking and the walkway to the new covered porch. The front yard landscape area is 4 Planning Commission Resolution No. 2006-36 more than 50 percent of the total front yard area and the 36 feet front setback with the additional planting accommodates the requested hardscape. (I) (m) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Items (e) and (k), the proposed use is consistent with the General Plan and any there is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -I), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -m), the subject site is physically suitable for the type and density/intensify of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. (p) Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5 Planning Commission Resolution No. 2006-36 4. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the attached Standard Conditions. APPROVED AND ADOPTED THIS 22nd DAY 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, at a regular meeting of the Planning Commission held on the 22nd day of August 2006, by the following vote: AYES: Commissioners: Torug, Lee, Wei, VC/Nelson NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: ATTEST: None. 6 Planning Commission Resolution No. 2006-36 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Development Review Number 2006-30 and Minor Conditional Use Permit No. 2006-10 SUBJECT: A request to revise the one-story front elevation with stone architectural details, convert the three car garage to two car garage with storage, add a 323 square feet, two-story hobby room addition to the existing 1,949 square feet, two-story, single family structure, and modi the existing driveway. APPLICANTS: Tom V. and Lisa C. Bode LOCATION: 20925 Pasco Court 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 to 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 Number 2006-30 and Minor Conditional Use Permit No. 2006-10 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. 7 Planning Commission Resolution No. 2006-36 (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 Number 2006-30 and Minor Conditional Use Permit No. 2006-10, 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 the Planning Commission Resolution No. 2006-36, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for 8 Planning Commission Resolution No. 2006-36 regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the 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 1. The approval of Development Review Number 2006-30 and Minor Conditional Use Permit No. 2006-10 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plan, floor plans, and architectural elevations 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 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 9 Planning Commission Resolution No. 2006-36 adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. All roof mounted equipment shall be screened from public view. E.LANDSCAPE 1. All landscape and driveway reconstruction plans shall be coordinated for consistency prior to issuance of City permits or approved use has commenced, whichever comes first. 2. Prior to issuance of any permits, detailed landscape plan with the type of planting materials, color, size, quantity and location; the irrigation system, and driveway reconstruction plans shall be submitted to the Planning Division for review and approval. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. F. SOLID WASTE 1 The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards and shall be shielded from public view. 10 Planning Commission Resolution No. 2006-36 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. OFF-SITE IMPROVEMENTS 1 Applicant shall construct a sidewalk (the length of the subject property's frontage) behind the existing curb and 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. B. DRAINAGE 1 Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The 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. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved drainage plan. 5. All balconies shall be designed for 601b. live load. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Indicate all easements on the site plan. 11 Planning Commission Resolution No. 2006-36 8. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1 /2 inch in any dimension except where such openings are equipped with sash or door. 9. Specify location of tempered glass as required by code. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 12. The door between garage and the house shall be 1 3/8" solid core door, self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 13. All bedrooms shall comply with all rescue window requirements and size of all windows shall be specified on the plans. 14. Provide arc fault protection for all new bedroom outlets. Provide ground fault protection for all new bathrooms, kitchen and laundry outlets. 15. Indicate compliance with heating requirements for the new addition. 16. Specify if the existing walls removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. 12 Planning Commission Resolution No. 2006-36