HomeMy WebLinkAboutPC 2007-16PLANNING COMMISSION
RESOLUTION NO. 2007-16
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2007-07, AND MINOR CONDITIONAL USE PERMIT NO. 2007-04,
A REQUEST FOR AN ADDITION OF 1,128 SQUARE FEET TO AN
EXISTING 1,783 SQUARE FOOT TWO-STORY SINGLE-FAMILY
RESIDENCE ON AN EXISTING 11,220 LOT, AND THE
CONTINUATION OF LEGAL NONCONFORMING FRONT YARD
SETBACK. THE PROJECT SITE IS LOCATED AT 24408 NAN COURT
(APN: 8701-049-055, LOT 41, TRACT NO. 42573), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
The applicant, M & M Construction, and property owners, Ismail & Saira Vaid
have submitted an application for a Development Review No. 2007-07 and
Minor Conditional Use Permit No. 2007-04 for property located at 24408 Nan
Court, Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review shall be referred to as the
"Application"
2. Public hearing notices were mailed to approximately 47 property owners
within a 500 -foot radius of the project site. Notification of the public hearing
for this project was advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. In addition, the project site was posted
with a display board and the public notice was posted in three public places.
3. On March 27, 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 pursuant to Section 15301 (e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations;
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located at 24408 Nan Court (Lot 41 of
Tract 42573), Diamond Bar, California;
(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 (RPD -20,000-2U) Zone interpreted as Low
Density Residential (RL) Zone;
(d) Generally, to the north is Single Family Residential -Minimum Lot Size
10,000 (RPD -20,000-2U) zone; to the east is Planning Area (A-2-1)
zone; to the south is Single Family Residential -Minimum Lot Size
10,000 square feet (RPD -20,000-2U) zone; and to the west is Single
Family Residential -Minimum Lot Size 10,000 (RPD -20,000-2U);
(e) The applicant is requesting approval to construct a first and second
story addition of 1,128 square feet to an existing 1,783 square foot
two-story single-family dwelling. Additionally, the request includes
approval of a Minor Conditional Use Permit to continue a Legal
Nonconforming front yard setback.
Development Review
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
2
Planning Commission Resolution No. 2007-16
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments);
On July 25, 1995, the City adopted its General Plan. Although Tract
No. 42573, Lot 41 (project site) was established prior to the City's
incorporation and General Plan's adoption. The application complies
with the City's General Plan's elements, objectives, and strategies
related to maintaining the integrity of residential neighborhoods and
open space, and the Low Density Residential (minimum lot of 10,000
Square Foot) land use designation.
The proposed project consists of an addition of 1,128 square feet to
an existing 1,783 square foot two-story Single Family Residence.
Hence, the proposed project meets all other development standards
for the RL zoning district as prescribed in the Development Code.
The proposed project is not unusual for the surrounding area and is
consistent with other development within this community. The
proposed project will maintain the integrity and not degrade this
residential area. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed projects
architectural style (Mediterranean) and construction materials and
colors will match the existing residence which is compatible with the
eclectic architectural style, colors and material of other homes within
the community.
(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards;
With the approval and construction of the proposed project, the
current use of the project site will be maintained. As referenced
above in finding (t), the proposed project can be accommodated at
the project site. Additionally, the architectural style, color and
materials proposed will match the existing residence.
The proposed addition of 1,128 square feet to an existing 1, 783
square foot two-story Single Family Residence established in the
surrounding community and also consistent with other additions
recently approved by the Planning Commission. As such, the
proposed project is not expected to interfere with the use and
3
Planning Commission Resolution No. 2007-16
enjoyment of neighboring existing or future development. The
proposed project is not expected to intensify the existing use to an
extent that will create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan;
The architectural style of the proposed site is a typical Mediterranean
design. The compatibility of the proposed project with the surrounding
residences is consistent with the City's Development Review
Standards, City Design Guidelines and City's General Plan. As a
result, the proposed project will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's
General Plan. There is not an applicable specific plan for this area.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance;
As referenced in the above findings, colors, materials, and textures
proposed are complimentary to the existing homes within the area
while offering variety and low levels of maintenance. Therefore, 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.
(j) The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity;
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
4
Planning Commission Resolution No. 2007-16
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
According to the provisions of the Califomia 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.
Minor Conditional Use Permit
(1) The proposed use is allowed within the subject zoning district with the
applicable provisions of the Development Code and the Municipal
Code.
As stated in Findings (f), (g) and (h) above, the proposed addition to
an existing single-family residence is allowed within the RPD-20,000-
2U/RL zoning district. Pursuant to the Development Code, the
development standards of the RL zoning district apply to the project
site. RPD -20,000 zoning district and complies with all applicable
Development Code standards for that zoning district except for the
legal nonconforming front yard setback. The existing legal
nonconforming setback can be allowed with the appropriate findings
through the Minor Conditional Use Permit process.
According to Development Code Section 22.68.030 (a) and (b) —
Restrictions on Nonconforming Structures, a structure shall be
deemed nonconforming if the structure fails to conform to the building
envelope regulations (e.g., lot coverage, height, or setback
requirements) as specified for each zoning district. In addition, this
Code section specifies that an addition, enlargement, extension,
reconstruction, relocation, or structural alteration of a legal non-
conforming structure may be allowed with approval of a Minor
Conditional Use Permit with findings specified in Code
Section 22.56.040. Findings specified in Section 22.68.030 for legal
nonconforming structures must also be made. Furthermore,
Section 22.68.030 requires that the exterior limits of new construction
do not exceed the applicable height limit or encroach further into the
setbacks than the comparable portion of the existing structure (follow
the development line of the existing structure); however, if the existing
front yard setback is less than twenty feet, the exterior limits of new
construction shall maintain a minimum twenty foot front yard setback.
According to Table 2-4 of Development Code Section 22.08.040, the
required front yard setbacks for the RL zoning district twenty feet and
the side yard setback is 5 feet with a 15 foot separation between
5
Planning Commission Resolution No. 2007-16
residential structures on adjoining properties. The existing residence
at the project site has a front yard setback of 18 feet 6 inches. The
front yard setback which was legal under Los Angeles County's
jurisdiction when the residence was constructed is now considered
legal nonconforming. However, the proposed addition will maintain
the existing front yard setback. It will also follow the development line
of the existing residence and will not exceed the maximum height or
lot coverage allowed in the RL zoning district.
Furthermore, the proposed project is consistent with other homes
within the neighborhood located at the terminus cul-de-sac of Nan
Court. Additionally, the proposed project will add value to and visually
enhance the existing residence and neighborhood.
(m) The proposed use is consistent with the General Plan and any
applicable specific plan;
As stated in Item 4(0, the proposed use is consistent with the General
Plan and any applicable specific plan.
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
As stated in Findings (t), (g, (h), (i) and (1) above, the design, location,
size and operating characteristics of the proposed addition are
compatible with the existing and future land uses in the vicinity,
(o) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
As stated in Findings (t), (g), (h), (i) and (I) above, the project site is
physically suitable for the type and density/intensity of proposed
addition including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
(p) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located; and
As stated in Item 4(0-6f), granting the Minor Conditional Use Permit
will not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to person, property or
6
Planning Commission Resolution No. 2007-16
improvements in the vicinity and zoning districts in which the property
is located.
(q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
According to the provisions of the Califomia Environmental QualityAct
(CEQA), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
;i. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planning Division
(a) The project shall substantially conform to site plan, floor plans, roof
plan, elevations, demolition plan, and sections dated March 27, 2007,
as submitted and approved by the Planning Commission, and as
amended herein;
(b) Before construction begins, the applicant shall install temporary
construction fencing with screening 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;
(c) Applicant shall comply with Planning Division, Building and Safety
Division and Public Works Division requirements;
(d) The owner 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 must be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of a building
permit;
PUBLIC WORKS DIVISION
(e) The Drainage Plan shall be prepared by a Civil Engineer, licensed in
the State of California, in accordance with the City's requirements for
plan check review and approval by the Public Works Division. The
Drainage Plan shall show the location of the walls and elevations of
the top of wall/footing and finished grade on both sides of the
7
Planning Commission Resolution No. 2007-16
retaining walls. Additionally, surface water shall drain away from the
building at a 2% minimum slope;
(f) If applicable, all drainage/runoff from the development shall be
conveyed from the site to the natural drainage course or the adjacent
private street, with the exception of the drainage to the adjacent
private street, no on-site drainage shall be conveyed to adjacent
parcels. If required by the Public Works Director, the applicant shall
provide a hydrology study;
(g) Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
place for construction started after October 1, through April 15. The
erosion control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits;
BUILDING AND SAFETY
(h) Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(i) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval;
Q) Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval;
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. Ismail and Mrs. Saira Vaid, 24408 Nan Court, Diamond Bar,
CA 91765.
8
Planning Commission Resolution No. 2007-16
APPROVED AND ADOPTED THIS 27th OF MARCH 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
'Steve Nelson, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th
day of March 2007, by the following vote:
AYES: Commissioners: Nolan, oC/Torng, Lee, Wei, Chair/Nelson
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
9
DR No. 2007-07/MCUP 2007-04
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2007-07 and Minor Conditional
Use Permit No. 2007-04
SUBJECT: Addition of 1,128 Square Feet to an existing 1,783
Square Foot Single Family Residence
APPLICANT: Ismail Vaid and M & M Construction
LOCATION: 24408 Nan Court, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
(909)1339-7030, 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. 2007-07 and Minor
Conditional Use Permit No. 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.
10
Planning Commission Resolution No. 2007-16
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
(c) The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. 2007-07 and Minor Conditional
Use Permit No. 2007-04, 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. 2007-16,
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 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. All site plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building, etc.,) or
approved use has commenced, whichever comes first.
10. The single family residence shall not be used in a manner that creates
adverse effects upon the neighborhood and environmental setting of the
residential site to levels of dust, glare/light, noise, odor, traffic, or other
11
Planning Commission Resolution No. 2007-16
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.
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 the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review No. 2007-07 and Minor Conditional
Use Permit No. 2007-04 shall expire within two years from the date of
approval if the use has not been exercised as defined per Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission including: site plans, floor plans,
architectural elevations, exterior materials and colors on file in the Planning
Division, the conditions contained herein, Development Code regulations, the
Specific Plan, and the Community Plan.
2. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence" on a
12
Planning Commission Resolution No. 2007-16
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
3. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. An Erosion Control Plan shall be submitted concurrently with the drainage
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1St and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's.)
2. 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
13
Planning Commission Resolution No. 2007-16
whenever possible. Additionally, all construction equipment shall be properly
muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-
way.
2. 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.
C. 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. Show additional drainage system needed for the
new addition and adjustments to the existing system.
D. OFF-SITE STREET IMPROVEMENTS (Not Applicable)
E. UTILITIES (Not Applicable)
F. SEWERS/SEPTIC TANK (Not Applicable)
G. TRAFFIC MITIGATIONS (Not Applicable)
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 the 2004
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.
14
Planning Commission Resolution No. 2007-16
3. This project shall comply with the new energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. Submit Public Works Department approved grading plans showing clearly all finish
elevations, drainage, and retaining walls locations.
5. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001
California Building Code.
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. All retaining walls shall be submitted to the Building & Safety and Public Work
Departments for review and approval.
8. Submit grading plans showing clearly all finish elevations, drainage, and retaining
wall locations. No building permits shall be issued prior to submitting a pad
certification.
9. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
10. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
11. Specify location of tempered glass as required by code.
12. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
13. Provide 5/8" type X Drywall at garage wall and ceiling for area connecting between
garage and habitable space. Also provide vehicular protection for appliances in
garage.
14. Specify 13/8" solid core door self closing between garage and habitable space.
END
15
Planning Commission Resolution No. 2007-16
PLANNING COMMISSION
RESOLUTION NO. 2007-16
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2007-07, AND MINOR CONDITIONAL USE PERMIT NO. 2007-04,
A REQUEST FOR AN ADDITION OF 1,128 SQUARE FEET TO AN
EXISTING 1,783 SQUARE FOOT TWO-STORY SINGLE-FAMILY
RESIDENCE ON AN EXISTING 11,220 LOT, AND THE
CONTINUATION OF LEGAL NONCONFORMING FRONT YARD
SETBACK. THE PROJECT SITE IS LOCATED AT 24408 NAN COURT
(APN: 8701-049-055, LOT 41, TRACT NO. 42573), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
The applicant, M & M Construction, and property owners, Ismail & Saira Vaid
have submitted an application for a Development Review No. 2007-07 and
Minor Conditional Use Permit No. 2007-04 for property located at 24408 Nan
Court, Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review shall be referred to as the
"Application"
2. Public hearing notices were mailed to approximately 47 property owners
within a 500 -foot radius of the project site. Notification of the public hearing
for this project was advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. In addition, the project site was posted
with a display board and the public notice was posted in three public places.
3. On March 27, 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 pursuant to Section 15301 (e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations;
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located at 24408 Nan Court (Lot 41 of
Tract 42573), Diamond Bar, California;
(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 (RPD -20,000-2U) Zone interpreted as Low
Density Residential (RL) Zone;
(d) Generally, to the north is Single Family Residential -Minimum Lot Size
10,000 (RPD -20,000-2U) zone; to the east is Planning Area (A-2-1)
zone; to the south is Single Family Residential -Minimum Lot Size
10,000 square feet (RPD -20,000-2U) zone; and to the west is Single
Family Residential -Minimum Lot Size 10,000 (RPD -20,000-2U);
(e) The applicant is requesting approval to construct a first and second
story addition of 1,128 square feet to an existing 1,783 square foot
two-story single-family dwelling. Additionally, the request includes
approval of a Minor Conditional Use Permit to continue a Legal
Nonconforming front yard setback.
Development Review
(f)
The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
2
Planning Commission Resolution No. 2007-16
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments);
On July 25, 1995, the City adopted its General Plan. Although Tract
No. 42573, Lot 41 (project site) was established prior to the City's
incorporation and General Plan's adoption. The application complies
with the City's General Plan's elements, objectives, and strategies
related to maintaining the integrity of residential neighborhoods and
open space, and the Low Density Residential (minimum lot of 10,000
Square Foot) land use designation.
The proposed project consists of an addition of 1,128 square feet to
an existing 1,783 square foot two-story Single Family Residence.
Hence, the proposed project meets all other development standards
for the RL zoning district as prescribed in the Development Code.
The proposed project is not unusual for the surrounding area and is
consistent with other development within this community. The
proposed project will maintain the integrity and not degrade this
residential area. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed projects
architectural style (Mediterranean) and construction materials and
colors will match the existing residence which is compatible with the
eclectic architectural style, colors and material of other homes within
the community.
(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;
With the approval and construction of the proposed project, the
current use of the project site will be maintained. As referenced
above in finding (t), the proposed project can be accommodated at
the project site. Additionally, the architectural style, color and
materials proposed will match the existing residence.
The proposed addition of 1,128 square feet to an existing 1, 783
square foot two-story Single Family Residence established in the
surrounding community and also consistent with other additions
recently approved by the Planning Commission. As such, the
proposed project is not expected to interfere with the use and
3
Planning Commission Resolution No. 2007-16
enjoyment of neighboring existing or future development. The
proposed project is not expected to intensify the existing use to an
extent that will create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan;
U)
The architectural style of the proposed site is a typical Mediterranean
design. The compatibility of the proposed project with the surrounding
residences is consistent with the City's Development Review
Standards, City Design Guidelines and City's General Plan. As a
result, the proposed project will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's
General Plan. There is not an applicable specific plan for this area.
The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance;
As referenced in the above findings, colors, materials, and textures
proposed are complimentary to the existing homes within the area
while offering variety and low levels of maintenance. Therefore, 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.
The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity;
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
4
Planning Commission Resolution No. 2007-16
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
According 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.
Minor Conditional Use Permit
(I)
The proposed use is allowed within the subject zoning district with the
applicable provisions of the Development Code and the Municipal
Code.
As stated in Findings (t), (g) and (h) above, the proposed addition to
an existing single-family residence is allowed within the RPD-20,000-
2U/RL zoning district. Pursuant to the Development Code, the
development standards of the RL zoning district apply to the project
site. RPD -20,000 zoning district and complies with all applicable
Development Code standards for that zoning district except for the
legal nonconforming front yard setback. The existing legal
nonconforming setback can be allowed with the appropriate findings
through the Minor Conditional Use Permit process.
According to Development Code Section 22.68.030 (a) and (b) -
Restrictions on Nonconforming Structures, a structure shall be
deemed nonconforming if the structure fails to conform to the building
envelope regulations (e.g., lot coverage, height, or setback
requirements) as specified for each zoning district. In addition, this
Code section specifies that an addition, enlargement, extension,
reconstruction, relocation, or structural alteration of a legal non-
conforming structure may be allowed with approval of a Minor
Conditional Use Permit with findings specified in Code
Section 22.56.040. Findings specified in Section 22.68.030 for legal
nonconforming structures must also be made. Furthermore,
Section 22.68.030 requires that the exterior limits of new construction
do not exceed the applicable height limit or encroach further into the
setbacks than the comparable portion of the existing structure (follow
the development line of the existing structure); however, if the existing
front yard setback is less than twenty feet, the exterior limits of new
construction shall maintain a minimum twenty foot front yard setback.
According to Table 2-4 of Development Code Section 22.08.040, the
required front yard setbacks for the RL zoning district twenty feet and
the side yard setback is 5 feet with a 15 foot separation between
5
Planning Commission Resolution No. 2007-16
residential structures on adjoining properties. The existing residence
at the project site has a front yard setback of 18 feet 6 inches. The
front yard setback which was legal under Los Angeles County's
jurisdiction when the residence was constructed is now considered
legal nonconforming. However, the proposed addition will maintain
the existing front yard setback. It will also follow the development line
of the existing residence and will not exceed the maximum height or
lot coverage allowed in the RL zoning district.
(m)
Furthermore, the proposed project is consistent with other homes
within the neighborhood located at the terminus cul-de-sac of Nan
Court. Additionally, the proposed project will add value to and visually
enhance the existing residence and neighborhood.
The proposed use is consistent with the General Plan and any
applicable specific plan;
As stated in Item 4(t), the proposed use is consistent with the General
Plan and any applicable specific plan.
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
As stated in Findings (f), (g, (h), (i) and (I) above, the design, location,
size and operating characteristics of the proposed addition are
compatible with the existing and future land uses in the vicinity;
(o) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
(p)
As stated in Findings (t), (g), (h), (i) and (I) above, the project site is
physically suitable for the type and density/intensity of proposed
addition including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located; and
As stated in Item 4(0-6), granting the Minor Conditional Use Permit
will not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to person, property or
6
Planning Commission Resolution No. 2007-16
improvements in the vicinity and zoning districts in which the property
is located.
(q)
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
According 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.
;i. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planning Division
(a) The project shall substantially conform to site plan, floor plans, roof
plan, elevations, demolition plan, and sections dated March 27, 2007,
as submitted and approved by the Planning Commission, and as
amended herein;
(b) Before construction begins, the applicant shall install temporary
construction fencing with screening 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;
(c) Applicant shall comply with Planning Division, Building and Safety
Division and Public Works Division requirements;
(d) The owner 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 must be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of a building
permit;
PUBLIC WORKS DIVISION
(e) The Drainage Plan shall be prepared by a Civil Engineer, licensed in
the State of California, in accordance with the City's requirements for
plan check review and approval by the Public Works Division. The
Drainage Plan shall show the location of the walls and elevations of
the top of wall/footing and finished grade on both sides of the
7
Planning Commission Resolution No. 2007-16
retaining walls. Additionally, surface water shall drain away from the
building at a 2% minimum slope;
(f)
(9)
If applicable, all drainage/runoff from the development shall be
conveyed from the site to the natural drainage course or the adjacent
private street, with the exception of the drainage to the adjacent
private street, no on-site drainage shall be conveyed to adjacent
parcels. If required by the Public Works Director, the applicant shall
provide a hydrology study;
Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
place for construction started after October 1, through April 15. The
erosion control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits;
BUILDING AND SAFETY
(h) Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(i)
U)
Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval;
Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval;
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. Ismail and Mrs. Saira Vaid, 24408 Nan Court, Diamond Bar,
CA 91765.
8
Planning Commission Resolution No. 2007-16
APPROVED AND ADOPTED THIS 27th OF MARCH 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Steve Nelson, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th
day of March 2007, by the following vote:
AYES: Commissioners: Nolan, VC/Torng, Lee, Wei, Chair/Nelson
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
9
DR No. 2007-07/MCUP 2007-04
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2007-07 and Minor Conditional
Use Permit No. 2007-04
SUBJECT: Addition of 1,128 Square Feet to an existing 1,783
Square Foot Single Family Residence
APPLICANT: Ismail Vaid and M & M Construction
LOCATION: 24408 Nan Court, Diamond Bar, CA 91765
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. 2007-07 and Minor
Conditional Use Permit No. 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.
10
Planning Commission Resolution No. 2007-16
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
(c) The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. 2007-07 and Minor Conditional
Use Permit No. 2007-04, 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. 2007-16,
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 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. All site plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building, etc.,) or
approved use has commenced, whichever comes first.
10. The single family residence shall not be used in a manner that creates
adverse effects upon the neighborhood and environmental setting of the
residential site to levels of dust, glare/light, noise, odor, traffic, or other
11
Planning Commission Resolution No. 2007-16
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.
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 the Fire Department.
B. FEESIDEPOSITS
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 No. 2007-07 and Minor Conditional
Use Permit No. 2007-04 shall expire within two years from the date of
approval if the use has not been exercised as defined per Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission including: site plans, floor plans,
architectural elevations, exterior materials and colors on file in the Planning
Division, the conditions contained herein, Development Code regulations, the
Specific Plan, and the Community Plan.
2. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence" on a
12
Planning Commission Resolution No. 2007-16
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
3. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1 An Erosion Control Plan shall be submitted concurrently with the drainage
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1St and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's.)
2. 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
13
Planning Commission Resolution No. 2007-16
whenever possible. Additionally, all construction equipment shall be properly
muffled to reduce noise levels.
B. SOILS REPORTIGRADING/RETAINING WALLS
1. The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-
way.
2. 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.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course. Show additional drainage system needed for the
new addition and adjustments to the existing system.
D. OFF-SITE STREET IMPROVEMENTS (Not Applicable)
E. UTILITIES (Not Applicable)
F. SEWERS/SEPTIC TANK (Not Applicable)
G. TRAFFIC MITIGATIONS (Not Applicable)
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and the 2004
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.
14
Planning Commission Resolution No. 2007-16
3. This project shall comply with the new energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. Submit Public Works Department approved grading plans showing clearly all finish
elevations, drainage, and retaining walls locations.
5. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001
California Building Code.
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. All retaining walls shall be submitted to the Building & Safety and Public Work
Departments for review and approval.
8. Submit grading plans showing clearly all finish elevations, drainage, and retaining
wall locations. No building permits shall be issued prior to submitting a pad
certification.
9. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
10. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
11. Specify location of tempered glass as required by code.
12. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
13. Provide 5/8" type X Drywall at garage wall and ceiling for area connecting between
garage and habitable space. Also provide vehicular protection for appliances in
garage.
14. Specify 13/8" solid core door self closing between garage and habitable space.
END
15
Planning Commission Resolution No. 2007-16