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HomeMy WebLinkAboutPC 2007-52PLANNING COMMISSION RESOLUTION NO. 2007-52 A, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-30, MINOR VARIANCE NO. 2007-08, MINOR CONDITIONAL USE PERMIT NO. 2007-16 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION 'OF 2,768 SQUARE FEET, ENLARGE EXISTING GARAGE AND REMODEL EXISTING DECKS AND CONTINUE THE LEGAL NON -CONFORMING FRONT SETBACK AND REDUCE THE FRONT SETBACK BY SIX INCHES, LOCATED AT 2656 INDIAN CREEK ROAD (APN: 8713-036-014), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Mr. and Mrs. Slobo Barticevich and applicant Mr. Bob Larivee of Award Winning Designs, have filed an application for Development Review No. 2007-30, Minor Variance No. 2007-08, Minor Conditional Use Permit No. 2007-16 and categorical exemption for a property located at 2656 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 41 property owners within a 500 -foot radius of the project site, and the public notice was posted in three public places. 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 located within a gated community identified as The Country Estates. It is approximately 1.22 acres (53,143 square feet) and is generally rectangular in shape and sloping toward the rear property line. The site is developed with a two-story residence of approximately 3,427 habitable square feet with a three -car garage. According to the tract map, the project site contains a flood hazard area adjacent to the rear property line. Development is not proposed in or near the flood hazard area. (b) The project site has a General Plan land use designation of Rural Residential Maximum 1 Dwelling Unit Per Acre (RR). (c) The project site is within the Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000). (d) Generally, the project site is surrounded by the following zoning districts and uses: (e) The Application request is for Development Review approval to construct a first and second story addition of approximately 2,768 square feet to an existing two-story residence of approximately 3,427 square feet and enlarge the existing garage and front entry and 2 Planning Commission Resolution No. 2007-52 Zone Uses Project Site Single -Family Residential- Minimum Lot Size 40,000 Square Feet R-1-40,000 Residential North R-1-40,000 Residential South R-1-40,000 & A-2-2 Residential & undeveloped land East R-1-40,000 Residential West R-1-40,000 Residential & The Country Estates park area (e) The Application request is for Development Review approval to construct a first and second story addition of approximately 2,768 square feet to an existing two-story residence of approximately 3,427 square feet and enlarge the existing garage and front entry and 2 Planning Commission Resolution No. 2007-52 remodel decks. The application request also includes a request to maintain the legal nonconforming front setback of 20 feet and to encroach into the front setback six inches for 20 lineal feet. Development Review (f) Lot 98 of Tract No. 23483 (project site) was established and existing residence constructed under the jurisdiction of Los Angeles County prior to the City's incorporation. On July 25, 1995, the City adopted its General Plan. The General Plan land use designation for the project site is RR-Max.1 DU/AC. This designation allows for minimum one acre lots. The project site is 1.22 acres (53,143 square feet). Therefore, the project site's size and development of a single-family home complies with the General Plan. The project site is within the R-1-40,000 zoning district. In accordance to the Development Code, the development standards of the RR zoning district apply to the project site. The proposed project meets all the development standards as illustrated in the comparison matrix in the staff report for this project. The only exception is the existing 20 foot front setback which is nonconforming and the encroachment of six inches into the front setback for 20 lineal feet which requires a Minor Variance approval. The proposed addition changes the architectural style of the residence from Spanish to Mediterranean. The 19 foot height of the one-story front elevation remains. Additional height, approximately three feet is added to the front entry for a total height of 22 feet. The existing flat and shed roofs are changed to gable roofs. The proposed addition emphasizes varying planes on the front elevation. As a result, the referenced changes vary the height of the roof line and the front elevation will have both vertical and horizontal articulation which can be also viewed from the side elevations. Furthermore, the window style and arrangement is also changed. The rear elevation also changes. The existing two-story deck is remodeled. Heavier designed columns and balustrade are added. As a result, the scale and proportion of the deck is compatible with the design of the residence. A small portion of the existing deck enlarges the dinning room and the deck is extended by six feet in this area. Two gable roofs are added over segments of the deck. The gable roofs soften the rigid vertical element of the rear elevation and are in keeping with the hillside management standards because the deck does not dominate the down slope of the site's terrain. The deck steps down and blends with the terrain. Furthermore, as designed, the proposed project is consistent with City's Design Guidelines. 3 Planning Commission Resolution No. 2007-52 New roof material will match the existing roof material of Terracotta concrete tile. The stucco color will be eggshell and trim will be pure white. All colors and materials are similar to those currently used on the residence. The proposed architectural style, colors, materials and size of the residence is compatible with eclectic style of other homes in The Country Estates. The proposed project has received The Country Estates Architectural Committee approval. The proposed project adds a bonus room to the first story and enlarges the family room. It changes the second story by enlarging and reconfiguring the master suite, adding a front entry, enlarging the dining room and exterior deck segment located adjacent to the dining room and reconfiguring the kitchen. With the existing habitable space of 3,427 square feet and proposed habitable space of 2,768 square feet, the total habitable square footage of the residence will be 6,195. The size of the residence after the addition is compatible with other homes in The Country Estates. (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 project is not unusual for The Country Estates. Additionally, the architectural style, color and materials proposed will be compatible with other homes in The Country Estates. 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RR 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. (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 4 Planning Commission Resolution No. 2007-52 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. Minor Conditional Use Permit (I) The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal non conformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The nonconformities may be continued to secure safety or when advantages through improved architecture are met. As discussed above in Findings (f), the proposed project is consistent with the General Plan and complies with applicable provision of the Development Code except for a reduction of six inches in the front setback as discussed below in the Minor Variance finding. (m) The design of the proposed addition is consistent with other homes in the area. Project site's size is large enough to accommodate the proposed project. Furthermore, the proposed project does not change the existing land use of a single-family residence. (n) The proposed project does not change the existing density and is consistent with the General Plan density of one dwelling unit per acre in the RR land use category. Access to the site and utilities are existing at the project site and the single-family use is compatible with the other uses of single-family residence in the neighborhood. (o) As discussed in Finding Q) and (g) above, granting the Minor Conditional Use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. (p) 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 Planning Commission Resolution No. 2007-52 Nonconforming (q) After a Development Code amendment, the required front yard setback in The Country Estates and the RR zoning district where the project site is located is 30 feet. The subject residence is considered nonconforming because the front yard setback is a minimum 20 feet. The applicant is requesting to maintain the 20 foot setback in order to make architectural improvements and add additional living space to the residence. With the addition, the residence maintains a front setback that varies from 20 feet to 29 feet because of curve of the front property line conforms to Indian Creek Road. Many homes in The Country Estates built before the year 2000 maintain a 20 foot front yard setback. Additionally, the existing home presents as one- story at the street level. Therefore, maintaining the existing 20 foot front setback is compatible with other structures in the neighborhood. (r) Lot 98 of Tract No. 23483 (project site) was established and existing residence constructed under the jurisdiction of Los Angeles County prior to the City's incorporation. On July 25, 1995, the City adopted its General Plan. The General Plan land use designation for the project site is RR-Max.1 DU/AC. This designation allows for minimum one acre lots for the development of a single-family residence. The project site is 1.22 acres (53,143 square feet). Therefore, the project site's size and development of a single-family residence is consistent with the General Plan. (s) Maintaining the nonconforming front setback does not restrict the eventual or future compliance with the applicable regulations of the Development Code. The proposed project complies with the required development standards for the RR zoning district. (t) 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. Additionally, the proposed addition does not change the existing single-family use of the project site. (u) As discussed in Finding (t) above, the proposed project will not be detrimental or injurious to property in the neighborhood. The proposed addition improves the property architecturally. The additional habitable square footage improves the property value and brings the existing residence in conformance with the newer homes within the neighborhood. 6 Planning Commission Resolution No. 2007-52 Minor Variance (v) The subject residence is considered nonconforming because the front yard setback is a minimum 20 feet instead of the required 30 feet. A Minor Variance allows up to 20 percent reduction of the required setback. The applicant is requesting to maintain the 20 foot setback in order to make architectural improvements and add additional living space to the residence. With the addition, the residence maintains a front setback that varies from 20 feet to 29 feet because the curve of the front property line conforms to Indian Creek Road. The applicant is requesting a six inch front setback reduction for 20 lineal feet. The purpose of the reduction is to extend the front of the garage by two feet in order to create a plane variation that accommodates the garage's new gable roof. Furthermore, varying the plane at the front elevation of the garage adds architectural interest. Because the existing garage is located at the narrowest portion of the front setback, a Minor Variance is needed to continue the design of varying planes for balance throughout the front elevation. (w) Many homes in The Country Estates built prior to the year 2000 maintain a 20 foot front yard setback. Additionally, the existing home presents as one-story at the street level. Therefore, maintaining the existing 20 foot front setback is compatible with other structures in the neighborhood and allows the property owner to develop the project site in a manner that is consistent with existing homes in The Country Estates. (x) Granting the Minor Variance is consistent with the General Plan in that the design of the project maintains the integrity and protects the character of the residential neighborhood and is compatible with other residences in the neighborhood. (y) As discussed in Finding (t) above, the proposed project will not be detrimental or injurious to property in the neighborhood. The proposed addition improves the property architecturally. The additional habitable square footage improves the property value and brings the existing residence in conformance with the newer homes within the neighborhood. (z) 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. 7 Planning Commission Resolution No. 2007-52 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 and irrigation plan for the project site for Planning Division approval. Final landscape plan shall show all plant species, size, quantity and location. The landscaped plan shall also show plant material that is drought tolerant and will assist in preventing erosion of the rear slope below the deck. All landscaping and irrigation shall be installed prior to the final inspection and Certificate of Occupancy issuance. 2. Height of any structures (i.e., wall, fences, fountain, gates, etc.,) within the 30 foot front yard setback is 42 inches. 3. The two bay section of the garage addition shall maintain a minimum front setback of 19.5 feet 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. Kitchen and bathroom lights shall be fluorescent 5. Plan shall specify the location of tempered glass as required by code. 6. All decks and balconies shall slope '/4 inch per foot and have approved water proofing material. 8 Planning Commission Resolution No. 2007-52 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. & Mrs. Slobo Barticevich, 2656 Indian Creek Lane, Diamond Bar, CA 91765 and Mr. Bob Larivee, Award Winning Design, 27 Rue Du Chantearu, Aliso Viejo, APPROVED AND ADOPTED THIS 9TH OF OCTOBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _ Tony Torng ice Chairman I, Nancy Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of October 2007, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Shah, Lee, Nolan, VC/Torng None None Chair/Nelson X Development Review No. 2007-30 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-30 Minor Variance No. 2007-08 and Minor Conditional Use Permit No. 2007-16 SUBJECT: Construct a first and second story addition, enlarge garage and remodel existing decks PROPERTY OWNER: Mr. & Mrs. Slobo Barticevich APPLICANT: Mr. Bob Larivee Award Winning Designs LOCATION: 2656 Indian Creek Road 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. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit 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: 10 Planning Commission Resolution No. 2007-52 (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. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit No. 2007-16 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. 2007-52, 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. 11 Planning Commission Resolution No. 2007-52 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. 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. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit No. 2007-16 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 12 Planning Commission Resolution No. 2007-52 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 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. ervices: 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. 13 Planning Commission Resolution No. 2007-52 w SOILS REPORT/GRADINGIRETAINING 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. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. 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. �l. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. 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. 13. 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. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. 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. 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. 14 Planning Commission Resolution No. 2007-52 D. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 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. 15 Planning Commission Resolution No. 2007-52 9. Specify 1/4"M 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. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. End 16 Planning Commission Resolution No. 2007-52 PLANNING COMMISSION RESOLUTION NO. 2007-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-30, MINOR VARIANCE NO. 2007-08, MINOR CONDITIONAL USE PERMIT NO. 2007-16 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF 2,768 SQUARE FEET, ENLARGE EXISTING GARAGE AND REMODEL EXISTING DECKS AND CONTINUE THE LEGAL NON -CONFORMING FRONT SETBACK AND REDUCE THE FRONT SETBACK BY SIX INCHES, LOCATED AT 2656 INDIAN CREEK ROAD (APN: 8713-036-014), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Mr. and Mrs. Slobo Barticevich and applicant Mr. Bob Larivee of Award Winning Designs, have filed an application for Development Review No. 2007-30, Minor Variance No. 2007-08, Minor Conditional Use Permit No. 2007-16 and categorical exemption for a property located at 2656 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 41 property owners within a 500 -foot radius of the project site, and the public notice was posted in three public places. 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 located within a gated community identified as The Country Estates. It is approximately 1.22 acres (53,143 square feet) and is generally rectangular in shape and sloping toward the rear property line. The site is developed with a two-story residence of approximately 3,427 habitable square feet with a three -car garage. According to the tract map, the project site contains a flood hazard area adjacent to the rear property line. Development is not proposed in or near the flood hazard area. (b) The project site has a General Plan land use designation of Rural Residential Maximum 1 Dwelling Unit Per Acre (RR). (c) The project site is within the Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000). (d) Generally, the project site is surrounded by the following zoning alsincts ana u ses: Zone Uses Single -Family Residential- Project Site Minimum Lot Size 40,000 Residential Square Feet R-1-40,000 North R-1-40,000 Residential South R-1-40,000 & A-2-2 Residential & undeveloped land East R-1-40,000 Residential West R-1-40,000 Residential & The Country Estates park area (e) The Application request is for Development Review approval to construct a first and second story addition of approximately 2,768 square feet to an existing two-story residence of approximately 3,427 square feet and enlarge the existing garage and front entry and 2 Planning Commission Resolution No. 2007-52 remodel decks. The application request also includes a request to maintain the legal nonconforming front setback of 20 feet and to encroach into the front setback six inches for 20 lineal feet. Development Review M Lot 98 of Tract No. 23483 (project site) was established and existing residence constructed under the jurisdiction of Los Angeles County prior to the City's incorporation. On July 25, 1995, the City adopted its General Plan. The General Plan land use designation for the project site is RR-Max.1 DU/AC. This designation allows for minimum one acre lots. The project site is 1.22 acres (53,143 square feet). Therefore, the project site's size and development of a single-family home complies with the General Plan. The project site is within the R-1-40,000 zoning district. In accordance to the Development Code, the development standards of the RR zoning district apply to the project site. The proposed project meets all the development standards as illustrated in the comparison matrix in the staff report for this project. The only exception is the existing 20 foot front setback which is nonconforming and the encroachment of six inches into the front setback for 20 lineal feet which requires a Minor Variance approval. The proposed addition changes the architectural style of the residence from Spanish to Mediterranean. The 19 foot height of the one-story front elevation remains. Additional height, approximately three feet is added to the front entry for a total height of 22 feet. The existing flat and shed roofs are changed to gable roofs. The proposed addition emphasizes varying planes on the front elevation. As a result, the referenced changes vary the height of the roof line and the front elevation will have both vertical and horizontal articulation which can be also viewed from the side elevations. Furthermore, the window style and arrangement is also changed. The rear elevation also changes. The existing two-story deck is remodeled. Heavier designed columns and balustrade are added. As a result, the scale and proportion of the deck is compatible with the design of the residence. A small portion of the existing deck enlarges the dinning room and the deck is extended by six feet in this area. Two gable roofs are added over segments of the deck. The gable roofs soften the rigid vertical element of the rear elevation and are in keeping with the hillside management standards because the deck does not dominate the down slope of the site's terrain. The deck steps down and blends with the terrain. Furthermore, as designed, the proposed project is consistent with City's Design Guidelines. 3 Planning Commission Resolution No. 2007-52 New roof material will match the existing roof material of Terracotta concrete tile. The stucco color will be eggshell and trim will be pure white. All colors and materials are similar to those currently used on the residence. The proposed architectural style, colors, materials and size of the residence is compatible with eclectic style of other homes in The Country Estates. The proposed project has received The Country Estates Architectural Committee approval. (9) The proposed project adds a bonus room to the first story and enlarges the family room. It changes the second story by enlarging and reconfiguring the master suite, adding a front entry, enlarging the dining room and exterior deck segment located adjacent to the dining room and reconfiguring the kitchen. With the existing habitable space of 3,427 square feet and proposed habitable space of 2,768 square feet, the total habitable square footage of the residence will be 6,195. The size of the residence after the addition is compatible with other homes in The Country Estates. 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 project is not unusual for The Country Estates. Additionally, the architectural style, color and materials proposed will be compatible with other homes in The Country Estates. 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RR zoning district and the City's Design Guidelines. There is no specific plan for the project area. U) 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. 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 4 Planning Commission Resolution No. 2007-52 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. Minor Conditional Use Permit (I) (m) The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal non conformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The nonconformities may be continued to secure safety or when advantages through improved architecture are met. As discussed above in Findings (f), the proposed project is consistent with the General Plan and complies with applicable provision of the Development Code except for a reduction of six inches in the front setback as discussed below in the Minor Variance finding. The design of the proposed addition is consistent with other homes in the area. Project site's size is large enough to accommodate the proposed project. Furthermore, the proposed project does not change the existing land use of a single-family residence. (n) The proposed project does not change the existing density and is consistent with the General Plan density of one dwelling unit per acre in the RR land use category. Access to the site and utilities are existing at the project site and the single-family use is compatible with the other uses of single-family residence in the neighborhood. (o) As discussed in Finding 0) and (g) above, granting the Minor Conditional Use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. (p) 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 Planning Commission Resolution No. 2007-52 Nonconforming (q) After a Development Code amendment, the required front yard setback in The Country Estates and the RR zoning district where the project site is located is 30 feet. The subject residence is considered nonconforming because the front yard setback is a minimum 20 feet. The applicant is requesting to maintain the 20 foot setback in order to make architectural improvements and add additional living space to the residence. With the addition, the residence maintains a front setback that varies from 20 feet to 29 feet because of curve of the front property line conforms to Indian Creek Road. Many homes in The Country Estates built before the year 2000 maintain a 20 foot front yard setback. Additionally, the existing home presents as one- story at the street level. Therefore, maintaining the existing 20 foot front setback is compatible with other structures in the neighborhood. (r) Lot 98 of Tract No. 23483 (project site) was established and existing residence constructed under the jurisdiction of Los Angeles County prior to the City's incorporation. On July 25, 1995, the City adopted its General Plan. The General Plan land use designation for the project site is RR-Max.1 DU/AC. This designation allows for minimum one acre lots for the development of a single-family residence. The project site is 1.22 acres (53,143 square feet). Therefore, the project site's size and development of a single-family residence is consistent with the General Plan. (s) Maintaining the nonconforming front setback does not restrict the eventual or future compliance with the applicable regulations of the Development Code. The proposed project complies with the required development standards for the RR zoning district. (t) 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. Additionally, the proposed addition does not change the existing single-family use of the project site. (u) As discussed in Finding (t) above, the proposed project will not be detrimental or injurious to property in the neighborhood. The proposed addition improves the property architecturally. The additional habitable square footage improves the property value and brings the existing residence in conformance with the newer homes within the neighborhood. 6 Planning Commission Resolution No. 2007-52 Minor Variance (v) The subject residence is considered nonconforming because the front yard setback is a minimum 20 feet instead of the required 30 feet. A Minor Variance allows up to 20 percent reduction of the required setback. The applicant is requesting to maintain the 20 foot setback in order to make architectural improvements and add additional living space to the residence. With the addition, the residence maintains a front setback that varies from 20 feet to 29 feet because the curve of the front property line conforms to Indian Creek Road. The applicant is requesting a six inch front setback reduction for 20 lineal feet. The purpose of the reduction is to extend the front of the garage by two feet in order to create a plane variation that accommodates the garage's new gable roof. Furthermore, varying the plane at the front elevation of the garage adds architectural interest. Because the existing garage is located at the narrowest portion of the front setback, a Minor Variance is needed to continue the design of varying planes for balance throughout the front elevation. (w) Many homes in The Country Estates built prior to the year 2000 maintain a 20 foot front yard setback. Additionally, the existing home presents as one-story at the street level. Therefore, maintaining the existing 20 foot front setback is compatible with other structures in the neighborhood and allows the property owner to develop the project site in a manner that is consistent with existing homes in The Country Estates. (x) Granting the Minor Variance is consistent with the General Plan in that the design of the project maintains the integrity and protects the character of the residential neighborhood and is compatible with other residences in the neighborhood. (Y) As discussed in Finding (t) above, the proposed project will not be detrimental or injurious to property in the neighborhood. The proposed addition improves the property architecturally. The additional habitable square footage improves the property value and brings the existing residence in conformance with the newer homes within the neighborhood. (z) 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. 7 Planning Commission Resolution No. 2007-52 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: Planning Division 1 Prior to issuance of any permits, the applicant shall submit a final landscape and irrigation plan for the project site for Planning Division approval. Final landscape plan shall show all plant species, size, quantity and location. The landscaped plan shall also show plant material that is drought tolerant and will assist in preventing erosion of the rear slope below the deck. All landscaping and irrigation shall be installed prior to the final inspection and Certificate of Occupancy issuance. 2. Height of any structures (i.e., wall, fences, fountain, gates, etc.,) within the 30 foot front yard setback is 42 inches. 3. The two bay section of the garage addition shall maintain a minimum front setback of 19.5 feet 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. Kitchen and bathroom lights shall be fluorescent 5. Plan shall specify the location of tempered glass as required by code. 6. All decks and balconies shall slope 1/4 inch per foot and have approved water proofing material. 8 Planning Commission Resolution No. 2007-52 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. & Mrs. Slobo Barticevich, 2656 Indian Creek Lane, Diamond Bar, CA 91765 and Mr. Bob Larivee, Award Winning Design, 27 Rue Du Chantearu, Aliso Viejo, APPROVED AND ADOPTED THIS 9TH OF OCTOBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Vice Chairman I, Nancy Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of October 2007, by the following vote: AYES: Commissioners: Shah, Lee, Nolan, VC/Torng NOES: Commissioners: None ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: None Chair/Nelson 9 Development Review No. 2007-30 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit No. 2007-16 SUBJECT: Construct a first and second story addition, enlarge garage and remodel existing decks PROPERTY OWNER: Mr. & Mrs. Slobo Barticevich APPLICANT: Mr. Bob Larivee, Award Winning Designs LOCATION: 2656 Indian Creek Road 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. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit 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: 10 Planning Commission Resolution No. 2007-52 (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. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit No. 2007-16 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. 2007-52, 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. 11 Planning Commission Resolution No. 2007-52 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. 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. 2007-30, Minor Variance No. 2007-08 and Minor Conditional Use Permit No. 2007-16 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 12 Planning Commission Resolution No. 2007-52 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 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 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. 13 Planning Commission Resolution No. 2007-52 B. SOILS REPORT/GRADING/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. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 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. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. 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. 6. 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. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. 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. 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. 14 Planning Commission Resolution No. 2007-52 D. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 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. 15 Planning Commission Resolution No. 2007-52 9. Specify 1/4"M 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. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. End 16 Planning Commission Resolution No. 2007-52