HomeMy WebLinkAboutPC 2007-14PLANNING COMMISSION
RESOLUTION NO. 2007-14
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING DEVELOPMENT REVIEW NO. 2007-04 AND CATEGORICAL
EXEMPTION 15301(e), A REQUEST TO CONSTRUCT A 1,720 SQUARE
FEET TWO-STORY ADDITION AT THE FRONT AND NORTH SIDE WITH
EXTERIOR REMODEL TO THE EXISTING 2,268 LIVABLE SQUARE FEET
SINGLE FAMILY RESIDENCE. THE PROJECT SITE IS ASSESSOR
PARCEL NUMBER 8293-027-036, 1700 SHADEHILL PLACE (LOT 63,
'TRACT NO. 31154), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Lihong He, and applicant, Kingston Engineering, Inc.,
filed Development Review No. 2007-04 application for the property identified
as assessor parcel number 8293-027-036, located at 1700 Shadehill Place
(Lot 63, Tract No. 31154), Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. 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 property owners in a 500 -foot radius of
the project site. The San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers published the public hearing notice. 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 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. 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 hereb"etermines 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 project parcel is assessor parcel number 8293-027-036,
1700 Shadehill Place (Lot 63 Tract 31154), Diamond Bar, California.
The parcel is approximately .45 acre or 16,704 gross/usable square
feet. The lot's irregular shape is narrow at the cul-de-sac and wider at
the rear with an existing two-story, legal nonconforming single family
residence approved and completed in 1988.
(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, R-1-8,000.
(c) The R-1-8,000 zone and single family uses surround the site.
(d) The Application requests to remodel and construct a 1,720 square
feet two-story addition at the front and north side with exterior
remodel to the existing 2,268 livable square feet single family
residence.
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.
The project site is currently developed with a two-story, single family
residence established before the adoption of the City's General Plan
2
Planning Commission Resolution No. 2007-14
and current Municipal Code. The adopted July 25, 1995, General Plan
land use designation is Low Density Residential (RL) (maximum 3
dwelling uniWper 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.
(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.
Diamond Bar Boulevard and Santaquin 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. The
proposed addition does not change the existing single family use. The
Application updates the style and is 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.
Although the existing siding and wood trim are eliminated and the
structure is modernized with stucco and stucco trim, the architectural
style is compatible with the surrounding area. The proposed two-story
addition enlarges the house in the front and the north side of this flag
lot. The design's multi-level roofs, windows, stone and stucco add
texture and contrast, variety, and low maintenance materials. 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.
3
Planning Commission Resolution No. 2007-14
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 determined the proposed project is categorically exempt in
accordance to 1970 California Environmental Quality Act (CEQA),
Section 15301(e).
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the attached
Standard Conditions.
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: Lihong He, 1700 Shadehill Place, Diamond Bar, CA
91765, and Kingston Engineering, 21015 Commerce Pointe Drive,
Walnut, CA 91789.
4
Planning Commission Resolution No. 2007-14
APPROVED AND ADOPTED THIS 13th DAY OF MARCH 2007, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: 0�
teve Nelson, 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 13th day of March, by the following vote:
AYES: Commissioners: Wei, Lee, Nolan, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
/ �" 11 vCt'
Nancy Fong,
nt Director
5
DR 2007-04
COMMUNITY
DEPARTMENT
DEVELOPMENT
STANDARD
CONDITIONS
PROJECT #: Development Review Number 2007-04
SUBJECT: A request to construct a 1,720 square feet two-story addition
at the front and north side with exterior remodel to the
existing 2,268 livable square feet single family residence
OWNER: Lihonq He
APPLICANT: Kingston Engineering Inc.
LOCATION: 1700 Shadehill 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 Number 2007-04 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.
6
Planning Commission Resolution No. 2007-14
(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 2007-04, at the City of
Diamond Bar Community and Development Services Department, their
affidavit stating that they are aware of and agree to accept all the conditions
of this approval. Further, this approval shall not be effective until the
applicants pay remaining City processing fees, school fees and fees for the
review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2007-14,
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. The exterior elevation for the addition over the garage shall be revised from
Exhibit "A" to include the corbels as noted in Attachment "4" of the staff
report.
6. 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.
7. Prior to any use of the project site, all conditions of approval shall be
completed.
8. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
9. 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.
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
7
Planning Commission Resolution No. 2007-14
significantly adverse effects on public services and resources. The single
family residence shall not be used for commerciallinstitutional 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.
111. Property ownerlapplicant shall remove the public hearing notice board within
three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. F=EES/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 Number 2007-04 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
1. The existing patios indicated on the site plan do not have finalized permits
and shall be included with the structural permits of the new structure.
2. 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 and referenced
herein as Exhibit "A" including: site plans, floor plans, architectural
elevations, exterior materials and colors, landscaping, on file in the Planning
Division, the conditions contained herein, and Development Code
regulations.
8
Planning Commission Resolution No. 2007-14
3. 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.
4. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc. shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
5. All roof mounted equipment shall be screened from public view.
E. LANDSCAPE
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the drainage
plan clearly detailing erosion control measures. These measures shall be
9 Planning Commission Resolution No. 2007-14
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. Detailed drainage system information of the lot with careful attention to any
flood hazard area and swales 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
I. 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. exposure "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.
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. Indicate all easements on the site plan.
10
Planning Commission Resolution No. 2007-14
6. 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.
7. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
8. Specify location of tempered glass as required by code.
g. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
10. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
11. Chimney shall extend 2' above roof line. (2'- 10' away from roof line.)
12. If area below stairs is used, one layer of 5/8 type "x" shall be installed below
stairs.
13. Smoke detectors shall be installed in every bedroom; and hallway leading
into sleeping rooms. Hard wired smoke detector with battery back-up shall be
installed in new bedrooms.
11 planning Commission Resolution No. 2007-14
PLANNING COMMISSION
RESOLUTION NO. 2007-14
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING DEVELOPMENT REVIEW NO. 2007-04 AND CATEGORICAL
EXEMPTION 15301(e), A REQUEST TO CONSTRUCT A 1,720 SQUARE
FEET TWO-STORY ADDITION AT THE FRONT AND NORTH SIDE WITH
EXTERIOR REMODEL TO THE EXISTING 2,268 LIVABLE SQUARE FEET
SINGLE FAMILY RESIDENCE. THE PROJECT SITE IS ASSESSOR
PARCEL NUMBER 8293-027-036, 1700 SHADEHILL PLACE (LOT 63,
'TRACT NO. 31154), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Lihong He, and applicant, Kingston Engineering, Inc.,
filed Development Review No. 2007-04 application for the property identified
as assessor parcel number 8293-027-036, located at 1700 Shadehill Place
(Lot 63, Tract No. 31154), Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. 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 property owners in a 500 -foot radius of
the project site. The San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers published the public hearing notice. 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 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. 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 hereb'determines 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 project parcel is assessor parcel number 8293-027-036,
1700 Shadehill Place (Lot 63 Tract 31154), Diamond Bar, California.
The parcel is approximately .45 acre or 16,704 gross/usable square
feet. The lot's irregular shape is narrow at the cul-de-sac and wider at
the rear with an existing two-story, legal nonconforming single family
residence approved and completed in 1988.
(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, R-1-8,000.
(c) The R-1-8,000 zone and single family uses surround the site.
(d) The Application requests to remodel and construct a 1,720 square
feet two-story addition at the front and north side with exterior
remodel to the existing 2,268 livable square feet single family
residence.
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.
The project site is currently developed with a two-story, single family
residence established before the adoption of the City's General Plan
2
Planning Commission Resolution No. 2007-14
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 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.
Diamond Bar Boulevard and Santaquin 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. The
proposed addition does not change the existing single family use. The
Application updates the style and is 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.
Although the existing siding and wood trim are eliminated and the
structure is modernized with stucco and stucco trim, the architectural
style is compatible with the surrounding area. The proposed two-story
addition enlarges the house in the front and the north side of this flag
lot. The design's multi-level roofs, windows, stone and stucco add
texture and contrast, variety, and low maintenance materials. 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.
3
Planning Commission Resolution No. 2007-14
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.
G)
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 determined the proposed project is categorically exempt in
accordance to 1970 California Environmental Quality Act (CEQA),
Section 15301(e).
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the attached
Standard Conditions.
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: Lihong He, 1700 Shadehill Place, Diamond Bar, CA
91765, and Kingston Engineering, 21015 Commerce Pointe Drive,
Walnut, CA 91789.
4
Planning Commission Resolution No, 2007-14
APPROVED AND ADOPTED THIS 13th DAY OF MARCH 2007, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 13th day of March, by the following vote:
AYES: Commissioners: Wei, Lee, Nolan, VC/Torng, Chair/Nelson
NOES: Commissioners:
ABSENT: Commissioners:
None
None
ABSTAIN: Commissioners: None
ATTEST:
5
DR 2007-04
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD
CONDITIONS
PROJECT #: Development Review Number 2007-04
SUBJECT: A request to construct a 1,720 square feet two-story addition
at the front and north side with exterior remodel to the
existing 2,268 livable square feet single family residence
OWNER: Lihong He
APPLICANT: Kingston Engineering, Inc.
LOCATION: 1700 Shadehill 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. (3ENERAL REQUIREMENTS
11. 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 Number 2007-04 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.
6
Planning Commission Resolution No. 2007-14
(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 2007-04, at the City of
Diamond Bar Community and Development Services Department, their
affidavit stating that they are aware of and agree to accept all the conditions
of this approval. Further, this approval shall not be effective until the
applicants pay remaining City processing fees, school fees and fees for the
review of submitted reports.
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. 2007-14,
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. The exterior elevation for the addition over the garage shall be revised from
Exhibit "A" to include the corbels as noted in Attachment "4" of the staff
report.
6. 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.
7. Prior to any use of the project site, all conditions of approval shall be
completed.
8. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
9. 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.
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
7
Planning Commission Resolution No. 2007-14
significantly adverse effects on public services and resources. The single
family residence shall not be used for commercial/institutional purposes, or
otherwise used as a separate dwelling. The property shall not be used for
regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
11. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
112. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. F=EES/DEPOSITS
1' . Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever 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 Number 2007-04 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
1. The existing patios indicated on the site plan do not have finalized permits
and shall be included with the structural permits of the new structure.
2. 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 and referenced
herein as Exhibit "A" including: site plans, floor plans, architectural
elevations, exterior materials and colors, landscaping, on file in the Planning
Division, the conditions contained herein, and Development Code
regulations.
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Planning Commission Resolution No. 2007-14
3. 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.
4. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc. shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
5. All roof mounted equipment shall be screened from public view.
E.LANDSCAPE
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the drainage
plan clearly detailing erosion control measures. These measures shall be
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Planning Commission Resolution No. 2007-14
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. Detailed drainage system information of the lot with careful attention to any
flood hazard area and swales 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.
A. 13ENERAL
'I. 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.
—'.. The minimum design load forwind in this area is 80 M.P.H. exposure "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. Indicate all easements on the site plan.
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Planning Commission Resolution No. 2007-14
6. 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.
7. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
8. Specify location of tempered glass as required by code.
9. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
10. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
11. Chimney shall extend 2' above roof line. (2'- 10' away from roof line.)
12. If area below stairs is used, one layer of 5/8 type "x" shall be installed below
stairs.
13. Smoke detectors shall be installed in every bedroom; and hallway leading
into sleeping rooms. Hard wired smoke detector with battery back-up shall be
installed in new bedrooms.
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Planning Commission Resolution No. 2007-14