Loading...
HomeMy WebLinkAboutPC 2007-13PLANNING COMMISSION RESOLUTION NO. 2007-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF (DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-41 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A SECOND STORY ADDITION OF APPROXIMATELY 1,665 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE-FAMILY RESIDENCE WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23845 CHINOOK PLACE i(LOT 15, TRACT NO. 26126; APN: 8281-012-07), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Mr. and Mrs. Donald Mahlke and applicant, Mr. Larry Brown have filed an application for Development Review No. 2006-41 and categorical exemption for a property located at 23845 Chinook Place, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 91 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and the project site was posted with a display board. 3. On March 13, 2007, 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 11,050 square feet and is an irregular rectangular shape. It is developed with a one-story residence of approximately 1,970 square feet and a two -car garage. There are no restricted use or flood hazard areas or easements on the project site. (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 10,000 square feet (R-1-10,000). (d) Generally, the following zones and uses surround the project site: to the north, south and east is the R-1-10,000 zones and homes; and to the west are the R-1-10,000 and R-3-8,000 zoning districts with homes and a church, respectively. (e) The Application request is for Development Review approval to construct a second story addition and deck totaling to approximately 1,665 square feet to an existing one-story residence of approximately 1,951 square feet with a two -car garage. Development Review (f) On July 25, 1995, the City adopted its General Plan. Lot 15 (project site) of Tract No. 26126 was established and homes were built prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,500 to 20,000 square feet. The project site is 11,050 square feet. The County used lot averaging; therefore, some lots within a tract will be smaller and 2 Planning Commission Resolution No. 2007-13 others larger. However, the project site is in compliance with the adopted General Plan. The project site is within the R-1-10,000 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 The proposed addition does not change the existing architectural style. The new roofline and style will be consistent with the existing roof. The front elevation will be changed by removing all the existing siding and replacing it with stucco as is typical within the surrounding neighborhood. Since all the siding will be removed, the applicant agrees to add a wainscoting of river rock to that front elevation. The existing post that supports the front entry roof will be widened to look consistent with the scale of the residence with the addition. Exterior walls will be stucco with Behr "Nature Retreat" (medium gray) and white (730F-5) will be used for trim. Composite shingle, architectural butt style in blended shades of gray will be used for the roof. With the architectural style remaining the same and the proposed colors and material, the subject residence with the proposed addition will be compatible with other residences in the neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from 1,589 to 2,192 habitable square feet. The subject residence will be 3,140 habitable square feet (excluding proposed deck). The project site is 11,050 square feet and large enough to accommodate the proposed addition that meets all the required development standards for the R-1-10,000 zoning district. Furthermore, many other lots within the neighborhood exceed 10,000 square feet and could also accommodate an addition of this size (g) 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, which does not change, 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 3 Planning Commission Resolution No. 2007-13 (h) 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 not a specific plan for the project area. (i) As referenced in the above findings (f), (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) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) In accordance 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. 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 final inspection and Certificate of Occupancy issuance, the applicant shall repair or replace landscaping and irrigation destroyed in the front yard. 2. The existing exterior water heater enclosure and vent shall be framed in a manner that allows for a stucco finish enclosure and chase painted to match the house. 3. All exterior wires and conduit shall be flashed and flashing shall be painted to match the exterior of the house. 4. Prior to plan check submittal, the applicant shall submit to the Planning Division three sets of the revised front elevation that 4 Planning Commission Resolution No. 2007-13 shows stack stone wainscoting for the approval of the Community Development Director. 5. The shingles used for the roof shall be architectural thick -butt style with a minimum 30 year warrantee. Eaves and ridges shall be caped. 6. All colors and material used shall be called -out on the plans. 7. Kitchen facilities shall not be permitted in the second story addition. B. Building and Safety Division 1. Plans for plan check submittal shall clearly and adequately provide the exact living area square footage per floor and deck. 2. Smoke detectors shall be in conformance with the 2001 California Building Code 3. All bedrooms shall comply with all rescue window requirements. 4. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 5. Specify location of tempered glass as required by code. 6 Prior to construction commencing, the applicant shall install construction protective fencing to the satisfaction of the Building Official. 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. Donald Mahlke, 23845 Chinook Place, Diamond Bar, CA 91765, and Mr. Larry Brown, 2366 N. Glassell Street, Suite E, Orange, CA 92865. 5 Planning Commission Resolution No. 2007-13 APPROVED AND ADOPTED THIS 13TH OF MARCH 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, Acting 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 13th day of March 2007, by the following vote: AYES: Commissioners: Nolan, Wei, Lee, VC/Torng, 'Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Nancy Fonq,lSecrelary 6 DR 2006-41 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-41 SUBJECT: Second Addition to Existing Single -Family Residence PROPERTY Mr. and Mrs. Donald Mahike OWNER: APPLICANT: Mr. Larry Brown LOCATION: 23845 Chinook Place ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLI(''ANT 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. 2006-41 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 7 Planning Commission Resolution No. 2007-13 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. 2006-41, 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 applicant pays 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. 2007-13, 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 prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever come first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 8 Planning Commission Resolution No. 2007-13 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 11. 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 come first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2006-21 and Minor Conditional Use Permit No. 2006-11 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated January 23, 2007, 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 9 Planning Commission Resolution No. 2007-13 E. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 15' 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. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 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. 10 Planning Commission Resolution No. 2007-13 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 in accordance 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.) 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. 11 Planning Commission Resolution No. 2007-13 PLANNING COMMISSION RESOLUTION NO. 2007-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-41 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A SECOND STORY ADDITION OF APPROXIMATELY 1,665 SQUARE FEET TO AN (EXISTING ONE-STORY SINGLE -FAMILY RESIDENCE WITH A TWO-CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23845 CHINOOK PLACE (LOT 15, TRACT NO. 26126; APN: 8281-012-07), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Mr. and Mrs. Donald Mahlke and applicant, Mr. Larry Brown have filed an application for Development Review No. 2006-41 and categorical exemption for a property located at 23845 Chinook Place, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." :2. Public hearing notices were mailed to approximately 91 property owners within a 500-foot radius of the project site and the public notice was posted in three public places. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and the project site was posted with a display board. 3. On March 13, 2007, 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 11,050 square feet and is an irregular rectangular shape. It is developed with a one-story residence of approximately 1,970 square feet and a two-car garage. There are no restricted use or flood hazard areas or easements on the project site. (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 10,000 square feet (R-1-10,000). (d) Generally, the following zones and uses surround the project site: to the north, south and east is the R-1-10,000 zones and homes; and to the west are the R-1-10,000 and R-3-8,000 zoning districts with homes and a church, respectively. (e) The Application request is for Development Review approval to construct a second story addition and deck totaling to approximately 1,665 square feet to an existing one-story residence of approximately 1,951 square feet with a two-car garage. Development Review M On July 25, 1995, the City adopted its General Plan. Lot 15 (project site) of Tract No. 26126 was established and homes were built prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,500 to 20,000 square feet. The project site is 11,050 square feet. The County used lot averaging; therefore, some lots within a tract will be smaller and 2 Planning Commission Resolution No. 2007-13 others larger. However, the project site is in compliance with the adopted General Plan. (9) The project site is within the R-1-10,000 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 The proposed addition does not change the existing architectural style. The new roofline and style will be consistent with the existing roof. The front elevation will be changed by removing all the existing siding and replacing it with stucco as is typical within the surrounding neighborhood. Since all the siding will be removed, the applicant agrees to add a wainscoting of river rock to that front elevation. The existing post that supports the front entry roof will be widened to look consistent with the scale of the residence with the addition. Exterior walls will be stucco with Behr "Nature Retreat" (medium gray) and white (730F-5) will be used for trim. Composite shingle, architectural butt style in blended shades of gray will be used for the roof. With the architectural style remaining the same and the proposed colors and material, the subject residence with the proposed addition will be compatible with other residences in the neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from 1,589 to 2,192 habitable square feet. The subject residence will be 3,140 habitable square feet (excluding proposed deck). The project site is 11,050 square feet and large enough to accommodate the proposed addition that meets all the required development standards for the R-1-10,000 zoning district. Furthermore, many other lots within the neighborhood exceed 10,000 square feet and could also accommodate an addition of this size 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, which does not change, 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 3 Planning Commission Resolution No. 2007-13 (h) 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 not a specific plan for the project area. G) As referenced in the above findings (f), (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. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) In accordance 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. 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 final inspection and Certificate of Occupancy issuance, the applicant shall repair or replace landscaping and irrigation destroyed in the front yard. 2. The existing exterior water heater enclosure and vent shall be framed in a manner that allows for a stucco finish enclosure and chase painted to match the house. 3. All exterior wires and conduit shall be flashed and flashing shall be painted to match the exterior of the house. 4. Prior to plan check submittal, the applicant shall submit to the Planning Division three sets of the revised front elevation that 4 Planning Commission Resolution No. 2007-13 shows stack stone wainscoting for the approval of the Community Development Director. 5. The shingles used for the roof shall be architectural thick -butt style with a minimum 30 year warrantee. Eaves and ridges shall be caped. 6. All colors and material used shall be called -out on the plans. 7. Kitchen facilities shall not be permitted in the second story addition. B. Building and Safety Division 1. Plans for plan check submittal shall clearly and adequately provide the exact living area square footage per floor and deck. 2. Smoke detectors shall be in conformance with the 2001 California Building Code 3. All bedrooms shall comply with all rescue window requirements. 4. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 5. Specify location of tempered glass as required by code. 6 Prior to construction commencing, the applicant shall install construction protective fencing to the satisfaction of the Building Official. 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. Donald Mahlke, 23845 Chinook Place, Diamond Bar, CA 91765, and Mr. Larry Brown, 2366 N. Glassell Street, Suite E, Orange, CA 92865. 5 Planning Commission Resolution No. 2007-13 APPROVED AND ADOPTED THIS 13TH OF MARCH 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Acting 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 13th day of March 2007, by the following vote: AYES: Commissioners: Nolan, Wei, Lee, VC/Torng, 'Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: 6 DR 2006-41 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-41 SUBJECT: Second Addition to Existing Single -Family Residence PROPERTY Mr. and Mrs. Donald Mahike OWNER: APPLIICANT: Mr. Larry Brown LOCATION: 23845 Chinook Place 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. 2006-41 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 7 Planning Commission Resolution No. 2007-13 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. 2006-41, 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 applicant pays 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. 2007-13, 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 come first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 8 Planning Commission Resolution No. 2007-13 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 come 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. 2006-21 and Minor Conditional Use Permit No. 2006-11 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated January 23, 2007, 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 9 Planning Commission Resolution No. 2007-13 E. 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. 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. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 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. 10 Planning Commission Resolution No. 2007-13 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 in accordance 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.) 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. 11 Planning Commission Resolution No. 2007-13