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HomeMy WebLinkAboutPC 2007-51PLANNING COMMISSION RESOLUTION NO. 2007-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-23, AND CATEGORICAL EXEMPTION FOR A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 1,985 SQUARE FEET, ADD A PARKING BAY TO THE EXISTING TWO CAR GARAGE AND CONSTRUCT A1,200 SQUARE FOOT SECOND UNIT ON 2.30 ACRE LOT, LOCATED AT 24303 NORTHVIEW PLACE (APN: 8781-031-074), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner and applicant, Mr. Ming K. Lan, has filed an application for Development Review No. 2007-23 and categorical exemption for a property located at 24303 Northview Place, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 99 property owners within a 500 -foot radius of the project site, and the public notice was posted in three public places. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, the project site was posted with a display board. 3. On October 9, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 2.30 acres (100,364 square feet) and is generally rectangular in shape with 2:1 and 3:1 slopes in the rear portion of the site. It is developed with a two-story residence of approximately 1,499 square feet with a two -car garage. There are no restricted use or flood hazard areas or easements on the project site. (b) The project site has a General Plan land use designation of Low Density Residential - Maximum 3 Dwelling Unit Per Acre (RL) (c) The project site is in the Single -Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) zoning district. (d) Generally, the following zoning districts and uses surround the project site: North RL R-1-10,000 & SR 60 Freeway Residential & Freeway South RL R-1-10,000 Residential East RL R-1-10,000 & R-1-8,000 Residential West RL R-1-10,000 & R-1-8,000 Residential (e) The Application request is for Development Review to construct a first and second story addition of 1,985 square feet, add one parking bay to an existing two -car garage and construct a 1,200 square foot second unit. Development Review (f) Lot 13 of Tract No. 42585 (project site) was established for a residential land use prior to the General Plan adoption and under the jurisdiction of Los Angeles County. On July 25, 1995, the City adopted its General Plan. The General Plan land use designation for the project site is Low Density Residential - Maximum 3 Dwelling Units/Acre (RL). This designation allows for maximum three dwelling units per acre. The project site is 2.30 acres (100,364 square feet) and developed with one residential dwelling unit. The project site will continue the single-family residential land use with the proposed addition to the main residence. Additionally and according to General Plan Objective 1.2 and strategy 1.2.5 and 1.27, the proposed 2 Planning Commission Resolution No. 2007-51 second unit is consistent with the General Plan Therefore, the proposed development of the project site complies with the General Plan. The project site is within the R-1-10,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to R-1-10,000 zoning district where the project site is located. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report for the addition to the main residence and the second unit. The proposed addition will not change the existing architectural style of the residence. However, the style and size of the windows will change. All colors and materials will match the existing residence. The roof style of the proposed addition will be consistent with the existing roof. However, the residence will be re -roofed with the same type of concrete tile but in a Terracotta Gold color. Since the architectural style, colors and materials of the proposed addition to the main residence will not change and the size of the main residence with the addition is comparable to other homes in the neighborhood, staff finds that the proposed project is compatible with the surrounding residences in the neighborhood. Additionally, the architectural style, colors and materials used forthe proposed second unit are consistent with the main residence. Additionally, as designed, the proposed project is consistent with City's Design Guidelines. (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 and the size of the addition to the main residence is comparable to other homes in the neighborhood. Additionally, the proposed second unit is allowed in accordance with the General Plan, Development Code and State law. It 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed addition to the main residence and second unit is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project area. (i) As referenced in the above findings (f), (g), and (h), the proposed project provides 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. 3 Planning Commission Resolution No. 2007-51 (j) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. Final landscape plan shall delineate all plant species, size, quantity and location. All landscaping and irrigation shall be installed prior to the final inspection and Certificate of Occupancy issuance. 2. Proposed rear yard retaining wall shall not exceed a maximum exposed height of six feet. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 3. Second unit shall comply with all development standards list in Development Code Section 22.42.120. B. Building and Safety Division 1. Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. All decks and balconies shall slope '/4 inch per foot and have approved water proofing material. 4 Planning Commission Resolution No. 2007-51 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. Ming K. Lan, 24303 Northview Place, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 9TH OF OCTOBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _ y Torng, Vice airman 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 9th day of October 2007, by the following vote: ATTEST: AYES: Commissioners: Nolan, Shah, Lee, VC/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Chair/Nelson ncy Fonhf, Secreta 5 Development Review No. 2007-23 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-23 SUBJECT: Addition to Single -Family Residence and Proposed Second Unit PROPERTY OWNER: Mr. Ming K. Lan APPLICANT: Ming K. Lan LOCATION: 24303 Northview Place ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-23 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 - 6 Planning Commission Resolution No. 2007-51 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. 2007-23 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 Planning Commission Resolution No. 2007-51, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. g. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever 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. 7 Planning Commission Resolution No. 2007-51 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever 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. 2007-23 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" dated October 9, 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 and Second Unit" 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 1.1 Planning Commission Resolution No. 2007-51 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 providedby the it franchised waste hauler to all parcels/lots or uses affected b al app this project. 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. B. SOILS REPORT/GRADINGIRETAINING WALLS Finished slopes shall conform to City Code Section 22.22.080 -Grading. 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. D. SEWERS/SEPTIC TANK 1, Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 9 Planning Commission Resolution No. 2007-51 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing in accordance to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10 Planning Commission Resolution No. 2007-51 PLANNING COMMISSION RESOLUTION NO. 2007-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-23, AND CATEGORICAL EXEMPTION FOR A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 1,985 SQUARE FEET, ADD A PARKING BAY TO THE EXISTING TWO CAR GARAGE AND CONSTRUCT A1,200 SQUARE FOOT SECOND UNIT ON 2.30 ACRE LOT, LOCATED AT 24303 NORTHVIEW PLACE (APN: 8781-031-074), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner and applicant, Mr. Ming K. Lan, has filed an application for Development Review No. 2007-23 and categorical exemption for a property located at 24303 Northview Place, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 99 property owners within a 500-foot radius of the project site, and the public notice was posted in three public places. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, the project site was posted with a display board. 3. On October 9, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 2.30 acres (100,364 square feet) and is generally rectangular in shape with 2:1 and 3:1 slopes in the rear portion of the site. It is developed with a two-story residence of approximately 1,499 square feet with a two-car garage. There are no restricted use or flood hazard areas or easements on the project site. (b) The project site has a General Plan land use designation of Low Density Residential - Maximum 3 Dwelling Unit Per Acre (RL) (c) The project site is in the Single -Family Residence-Minimum Lot Size 10,000 square feet (R-1-10,000) zoning district. (d) Generally, the following zoning districts and uses surround the project site: North RL R-1-10,000 & SR 60 Freeway Residential & Freeway South RL R-1-10,000 Residential East RL R-1-10,000 & R-1-8,000 Residential West RL R-1-10,000 & R-1-8,000 Residential (e) The Application request is for Development Review to construct a first and second story addition of 1,985 square feet, add one parking bay to an existing two-car garage and construct a 1,200 square foot second unit. Development Review M Lot 13 of Tract No. 42585 (project site) was established for a residential land use prior to the General Plan adoption and under the jurisdiction of Los Angeles County. On July 25, 1995, the City adopted its General Plan. The General Plan land use designation for the project site is Low Density Residential - Maximum 3 Dwelling Units/Acre (RL). This designation allows for maximum three dwelling units per acre. The project site is 2.30 acres (100,364 square feet) and developed with one residential dwelling unit. The project site will continue the single-family residential land use with the proposed addition to the main residence. Additionally and according to General Plan Objective 1.2 and strategy 1.2.5 and 1.27, the proposed 2 Planning Commission Resolution No. 2007-51 second unit is consistent with the General Plan Therefore, the proposed development of the project site complies with the General Plan. (g) The project site is within the R-1-10,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to R-1 -10,000 zoning district where the project site is located. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report for the addition to the main residence and the second unit. The proposed addition will not change the existing architectural style of the residence. However, the style and size of the windows will change. All colors and materials will match the existing residence. The roof style of the proposed addition will be consistent with the existing roof. However, the residence will be re -roofed with the same type of concrete tile but in a Terracotta Gold color. Since the architectural style, colors and materials of the proposed addition to the main residence will not change and the size of the main residence with the addition is comparable to other homes in the neighborhood, staff finds that the proposed project is compatible with the surrounding residences in the neighborhood. Additionally, the architectural style, colors and materials used forthe proposed second unit are consistent with the main residence. Additionally, as designed, the proposed project is consistent with City's Design Guidelines. 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 and the size of the addition to the main residence is comparable to other homes in the neighborhood. Additionally, the proposed second unit is allowed in accordance with the General Plan, Development Code and State law. It 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed addition to the main residence and second unit is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project area. (I) As referenced in the above findings (f), (g), and (h), the proposed project provides 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. 3 Planning Commission Resolution No. 2007-51 U) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. Final landscape plan shall delineate all plant species, size, quantity and location. All landscaping and irrigation shall be installed prior to the final inspection and Certificate of Occupancy issuance. 2. Proposed rear yard retaining wall shall not exceed a maximum exposed height of six feet. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 3. Second unit shall comply with all development standards list in Development Code Section 22.42.120. B. Building and Safety Division 1. Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. All decks and balconies shall slope 1/4 inch per foot and have approved water proofing material. 4 Planning Commission Resolution No. 2007-51 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. Ming K. Lan, 24303 Northview Place, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 9TH OF OCTOBER 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 Cityof Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of October 2007, by the following vote: AYES: Commissioners: Nolan, Shah, Lee, VC/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Chair/Nelson ATTEST: Secreta 5 Development Review No. 2007-23 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-23 SUBJECT: Addition to Single -Family Residence and Proposed Second Unit PROPERTY OWNER: Mr. Ming K. Lan APPLICANT: Ming K. Lan LOCATION: 24303 Northview Place ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 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. 2007-23 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. 6 Planning Commission Resolution No. 2007-51 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. 2007-23 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 Planning Commission Resolution No. 2007-51, 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. 7 Planning Commission Resolution No. 2007-51 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever 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. Priorto any plan check, all deposit accounts forthe processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2007-23 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The 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 referenced herein as Exhibit "A" dated October 9, 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 and Second Unit" 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 8 Planning Commission Resolution No. 2007-51 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 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. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 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. D. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 9 Planning Commission Resolution No. 2007-51 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing in accordance to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10 Planning Commission Resolution No. 2007-51