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HomeMy WebLinkAboutPC 2007-29PLANNING COMMISSION RESOLUTION NO. 2007-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-16 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A ONE-STORY ADDITION OF APPROXIMATELY 1,430 SQUARE FEET TO AN EXISTING ONE- STORY SINGLE-FAMILY RESIDENCE WITH A THREE -CAR GARAGE. THE APPROVAL ALSO INCLUDES TWO RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET IN THE REAR YARD. THE PROJECT SITE IS LOCATED AT 24246 DELTA DRIVE (LOT 2, TRACT NO. 42557; APN: 8713- 047-033), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owners, Mr. and Mrs. Steve T. Kou and applicant, Mr. Larry Cazarez have filed an application for Development Review No. 2007-16 and categorical exemption for a property located at 24246 Delta Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 106 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a public hearing display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On June 12, 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 judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 11,730 square feet and is generally rectangular in shape and sloping up to the rear property line. It is developed with a one-story residence of approximately 2,086 square feet and a three -car garage. There are no restricted use or flood hazard areas or easements on the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Low Density Residential (RPD -20,000-2U) zoning district. (d) Generally, the following zones and uses surround the project site: to the north, south, west and east is the RPD -20,000-2 Units/Acre zones and homes. (e) The Application request is for Development Review approval to construct a one-story addition of approximately 1,430 square feet to an existing one- story residence of approximately 2,086 square feet with a three -car garage. The request also includes two retaining walls in the rear yard not to exceed an exposed height of six feet each. Development Review (f) On July 25, 1995, the City adopted its General Plan. Lot 2 (project site) of Tract No. 42557 was established and homes were built prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,500 to 20,000 square feet for the development of a single-family residence. The project site is 11,730 square feet. The County used lot averaging; therefore some lots within a tract will be smaller and others larger. The project site is developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is within the RL zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development 2 Planning Commission Resolution NO. 2007-29 standards of this zoning district as illustrated in the comparison matrix within the staff report The proposed addition will not change the existing architectural style of the residence. All colors and materials will match the existing residence. The roof style of the proposed addition will be consistent with the existing roof. The addition is in the rear of the subject residence and will not change the front elevation. Therefore, this project is compatible other residences in the surrounding neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from approximately 2,086 to 3,253 habitable square feet as shown by the Los Angeles County Assessor. The subject residence is 2,086 square feet and with the addition the total habitable square footage will be 3,505. The project site is 11,730 square feet and one of the larger lots in the tract. With the proposed addition, the subject residence will be 252 square feet larger than the largest residence in the neighborhood. Considering the size of the subject lot and the habitable square footage of other residences in the neighborhood, staff believes that the proposed project is appropriate for the neighborhood. (g) With the approval and construction of the proposed project, the current use (single-family residence) of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site. Additionally, the architectural style, colors and materials does not change; therefore, the project will be compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensifythe existing use to an extent that will create traffic or pedestrian hazards (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. (i) As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 3 Planning Commission Resolution NO. 2007-29 (k) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to final inspection and Certificate of Occupancy issuance, the applicant shall repair or replace landscaping and irrigation destroyed in the front yard. 2. Prior to plan check submittal, the applicant shall submit a landscape and irrigation plan for the rear slope and planter area between the rear retaining walls for Planning Division review and approval. Prior to final inspection and Certificate of Occupancy issuance, said landscaping and irrigation shall be installed. 3. All colors and materials used shall be called -out on the plans. B. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2001 California Building Code 2. All bedrooms shall comply with all rescue window requirements. 3. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 4. Specify location of tempered glass as required by code. 5. Prior to construction commencing, the applicant shall install construction protective fencing to the satisfaction of the Building Official. 6. "Separate permit shall be required for all retaining walls" and plans shall be noted accordingly. All retaining walls shall be submitted to the Building and Safety Division and the Public Works Department for review and approval. 7. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 4 Planning Commission Resolution NO. 2007-29 The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. and Mrs. Steve T. Kou, 24246 Delta Drive, Diamond Bar, CA 91765 and Mr. Larry Casarez, 1433 Deerfoot Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12TH OF MAY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: y Torng, Vice Wirman I, Nancy Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of June 2007, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners ABSENT: Commissioners: Lee, Nolan, Wei, VC/Torng None None Chair/Nelson COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-16 SUBJECT: One -Story Addition to Existing Single -Family Residence PROPERTY OWNER: Mr. and Mrs. Steve T. Kou APPLICANT: Mr. Larry Casarez LOCATION: 224246 Delta Drive 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. 2007-16 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 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. 2007-16 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree 6 Planning Commission Resolution NO. 2007-29 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 thisproject shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007-29, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 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 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 Fire Department. 7 Planning Commission Resolution N0. 2007-29 B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2007-16 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled herein as Exhibit "A" dated June 12, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 8 Planning Commission Resolution No. 2007-29 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. B. SOILS REPORT/GRADING/RETAINING WALLS If 50 cubic yards or more of earth work occurs, the applicant shall submit a grading plan. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 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. 3. If 50 cubic yards or more of earth work occurs, a geotechnical report shall be required. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department, All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 9 Planning Commission Resolution NO. 2007-29 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. 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 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load forwind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6., Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Specify location of tempered glass as required by code. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10 Planning Commission Resolution NO. 2007-29 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11 Rianning Commission Resauton NO. 2007-29 PLANNING COMMISSION RESOLUTION NO. 2007-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-16 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A ONE-STORY ADDITION OF APPROXIMATELY 1,430 SQUARE FEET TO AN EXISTING ONE- STORY SINGLE -FAMILY RESIDENCE WITH A THREE-CAR GARAGE. THE APPROVAL ALSO INCLUDES TWO RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET IN THE REAR YARD. THE PROJECT SITE IS LOCATED AT 24246 DELTA DRIVE (LOT 2, TRACT NO. 42557; APN: 8713- 047-033), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Mr. and Mrs. Steve T. Kou and applicant, Mr. Larry Cazarez have filed an application for Development Review No. 2007-16 and categorical exemption for a property located at 24246 Delta Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 106 property owners within a 500-foot radius of the project site and the public notice was posted in three public places. The project site was posted with a public hearing display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On June 12, 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 judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 11,730 square feet and is generally rectangular in shape and sloping up to the rear property line. It is developed with a one-story residence of approximately 2,086 square feet and a three-car garage. There are no restricted use or flood hazard areas or easements on the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Low Density Residential (RPD-20,000-2U) zoning district. (d) Generally, the following zones and uses surround the project site: to the north, south, west and east is the RPD-20,000-2 Units/Acre zones and homes. (e) The Application request is for Development Review approval to construct a one-story addition of approximately 1,430 square feet to an existing one- story residence of approximately 2,086 square feet with a three-car garage. The request also includes two retaining walls in the rear yard not to exceed an exposed height of six feet each. Development Review M On July 25, 1995, the City adopted its General Plan. Lot 2 (project site) of Tract No. 42557 was established and homes were built prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,500 to 20,000 square feet for the development of a single-family residence. The project site is 11,730 square feet. The County used lot averaging; therefore some lots within a tract will be smaller and others larger. The project site is developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is within the RL zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development 2 Planning Commission Resolution N0. 2007-29 standards of this zoning district as illustrated in the comparison matrix within the staff report (9) The proposed addition will not change the existing architectural style of the residence. All colors and materials will match the existing residence. The roof style of the proposed addition will be consistent with the existing roof. The addition is in the rear of the subject residence and will not change the front elevation. Therefore, this project is compatible other residences in the surrounding neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from approximately 2,086 to 3,253 habitable square feet as shown by the Los Angeles County Assessor. The subject residence is 2,086 square feet and with the addition the total habitable square footage will be 3,505. The project site is 11,730 square feet and one of the larger lots in the tract. With the proposed addition, the subject residence will be 252 square feet larger than the largest residence in the neighborhood. Considering the size of the subject lot and the habitable square footage of other residences in the neighborhood, staff believes that the proposed project is appropriate for the neighborhood. With the approval and construction of the proposed project, the current use (single-family residence) of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site. Additionally, the architectural style, colors and materials does not change; therefore, the project will be compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. U) As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 3 Planning Commission Resolution N0. 2007-29 (k) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to final inspection and Certificate of Occupancy issuance, the applicant shall repair or replace landscaping and irrigation destroyed in the front yard. 2. Prior to plan check submittal, the applicant shall submit a landscape and irrigation plan for the rear slope and planter area between the rear retaining walls for Planning Division review and approval. Prior to final inspection and Certificate of Occupancy issuance, said landscaping and irrigation shall be installed. 3. All colors and materials used shall be called -out on the plans. B. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2001 California Building Code 2. All bedrooms shall comply with all rescue window requirements. 3. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 4. Specify location of tempered glass as required by code. 5. Prior to construction commencing, the applicant shall install construction protective fencing to the satisfaction of the Building Official. 6. "Separate permit shall be required for all retaining walls" and plans shall be noted accordingly. All retaining walls shall be submitted to the Building and Safety Division and the Public Works Department for review and approval. 7. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 4 Planning Commission Resolution NO. 2007-29 The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. and Mrs. Steve T. Kou, 24246 Delta Drive, Diamond Bar, CA 91765 and Mr. Larry Casarez, 1433 Deerfoot Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12TH OF MAY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, Nancy Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of June 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: ATTEST: Chair/Nelson COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-16 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 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. 2007-16 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree 6 Planning Commission Resolution NO. 2007-29 to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007-29, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 7 Planning Commission Resolution NO. 2007-29 B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2007-16 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled herein as Exhibit "A" dated June 12, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 8 Planning Commission Resolution NO. 2007-29 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1 An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. B. SOILS REPORT/GRADING/RETAINING WALLS 1. If 50 cubic yards or more of earth work occurs, the applicant shall submit a grading plan. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 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. 3. If 50 cubic yards or more of earth work occurs, a geotechnical report shall be required. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. Planning Commission Resolution NO. 2007-29 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. 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 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1 /4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Specify location of tempered glass as required by code. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10 Planning Commission Resolution NO. 2007-29 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11 Manning Commission Resoiuton NO. 2007-29