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HomeMy WebLinkAboutPC 2008-08PLANNING COMMISSION RESOLUTION NO. 2008-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-36, AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST STORY ADDITION OF APPROXIMATELY 1,540 SQUARE FEET TO AN EXISTING TWO-STORY SINGLE- FAMILY RESIDENCE WITH A TWO -CAR GARAGE LOCATED AT 23827 PALOMINO DRIVE - APN: 8281-046-015 A. RECITALS. 1. The property owner, Mr. Jesus G. Garay and applicant, Mr. Phil Munguia of Concept Design 2000 Group, have filed an application for Development Review No. 2007-36 and categorical exemption for a property located at 23827 Palomino Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 71 property owners within a 500 - foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 11, 2008, 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 bythe 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 from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the CEQA Guidelines promulgated thereunder. Exemptions under Class 1 include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 2,500 square feet, whichever is less; both of these criteria apply to the proposed project. 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 wildlife 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. Development Review (1) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) On July 25, 1995, the City adopted its General Plan. The project site was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8, 500 to 20, 000 square feet for the development of a single-family residence. The project site is 10,337 square feet and developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is in the R-1-8,000- Minimum Lot Size 8,000 Square Feet zoning district. As prescribed in the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report The proposed addition updates the existing architectural style of the residence by adding architectural elements such as a gable roof over the front entry that ties into the ridge of the garage gable; columns on each side of the entry that are connected by an arch; and a louvered vent at the front entry gable. The style of the windows and roof material and color will match existing. The existing wood siding will be removed and brick accent will be added to the proposed entry columns and on each side of the garage door. La Habra Crystal White (X-50) will be used for the stucco exterior walls and Alamo (X-524/Tan) will be used for the trim. Flagstone in shades of tan will be used for the front entry walkway. Although the existing architectural style is updated and materials and colors will change, the proposed project is compatible with other homes in the neighborhood. Furthermore, the neighborhood consists of one- story homes ranging in size from approximately 1,451 square feet to approximately 2,016 square feet. With the proposed addition, the subject residence will remain a one-story residence of approximately 3,108 square feet. However, the project site is one of the larger lots in the neighborhood and as such can accommodate the proposed addition which meets all the required development standards of the RL zoning district. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 2 Planning Commission Resolution No. 2008-08 With the approval and construction of the proposed project, the current use of the project site as a single-family residence will be maintained. As discussed in Finding (1) above, the proposed project can be accommodated at the project site. Additionally, the architectural style, colors and materials are compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (3) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. As discussed in Finding (1) above, the proposed project is consistent with the General Plan, development standards of the RL zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the neighborhood and will maintain a harmonious, orderly and attractive development. There is no specific plan for the project area. (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As discussed in Findings (1), (2), and (3) above, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (5) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 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. 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 the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan for the front yard for Planning Division review and approval. Said landscape plan shall show that 50 percent of the front yard will be landscaped. 3 Planning Commission Resolution No. 2008-08 0 2. Any proposed modifications window locations shall be subject to Community review and approval by the Community Development Director. 3. Prior to final inspection and Certificate of Occupancy issuance, the applicant shall install all approved landscaping and irrigation in the front yard. 4. On March 3, 2008, a stop work order was issued because the applicant had start demolition of the subject residence without a permit. In order to rescind the stop work order and continue the demolition, the applicant shall obtain the appropriate permits from the Building and Safety Division and Southern California Air Quality Management District (AQMD). 5. Prior to plan check submittal, the applicant shall provide a revised site plan that delineates the 10 wide storm drain easement adjacent to the easterly property line. Construction within the easement shall be prohibited. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2007 California Building Code. 2. All bedrooms shall comply with all rescue window requirements. 3. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 4. Construction plans shall specify 5/8" type X between the garage and house addition and 1 3/8" solid core self-closing door between the house and garage. 5. An application, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building and Safety Division. 6. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7. Southern California Air Quality Management District (SCAQMD) approval and clearance shall be required prior to issuance of a demolition permit. 8. Applicant shall submit five full sets of plans, including the grading plan, to the Building and Safety Division after the plans have been approved by the Planning Commission. 9. Prior to the issuance of a building permit, the applicant shall submit a full set of plans to the Pomona School District and shall pay required school fees. 10. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of soil. Depth of the foundation below the natural and finish grade shall not be less than 24 inches for exterior and 18 inches for interior foundations. 4 Planning Commission Resolution No. 2008-08 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. Jesus G. Garay, 23827 Palomino Drive, Diamond Bar, CA 91765 and Mr. Phil Munguia, Concept Design 2000 Group, 39924 Willow Bend Drive, Murrieta, CA APPROVED AND ADOPTED THIS 11TH OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: (/ /�, Steve Nelson, Orairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of March 2008, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-36 SUBJECT: First Story Addition to Single -Family Residence PROPERTY OWNER: Mr. Jesus G. Garay APPLICANT: Mr. Phil Munquia LOCATION: 23827 Palomino Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-36 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-36 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 6 Planning Commission Resolution No. 2008-08 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2008 -XX Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 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 7 Planning commission Resolution No. 2008-08 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. 2007-36 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" dated March 11, 2008, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 8 Planning Commission Resolution No. 2008-08 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 1s' 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) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater of Storm Water Prevention Plan (SWPPP) shall be needed. Please refer to City handout. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. 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. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. B. 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. 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 9 Planning Commission Resolution No. 2008-08 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. The project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off occupant sensor. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Plans shall specify location of tempered glass as required by code. 8. The number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 10 Planning Commission Resolution No. 2008-08 PLANNING COMMISSION RESOLUTION NO. 2008-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-36, AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST STORY ADDITION OF APPROXIMATELY 1,540 SQUARE FEET TO AN EXISTING TWO-STORY SINGLE- FAMILY RESIDENCE WITH A TWO -CAR GARAGE LOCATED AT 23827 PALOMINO DRIVE - APN: 8281-046-015 A. RECITALS. 1. The property owner, Mr. Jesus G. Garay and applicant, Mr. Phil Munguia of Concept Design 2000 Group, have filed an application for Development Review No. 2007-36 and categorical exemption for a property located at 23827 Palomino Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 71 property owners within a 500 - foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 11, 2008, 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 from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the CEQA Guidelines promulgated thereunder. Exemptions under Class 1 include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 2,500 square feet, whichever is less; both of these criteria apply to the proposed project. 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 wildlife 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. Development Review (1) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) On July 25, 1995, the City adopted its General Plan. The project site was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,500 to 20, 000 square feet for the development of a single-family residence. The project site is 10, 337 square feet and developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is in the R-1-8,000- Minimum Lot Size 8,000 Square Feet zoning district. As prescribed in the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report The proposed addition updates the existing architectural style of the residence by adding architectural elements such as a gable roof over the front entry that ties into the ridge of the garage gable; columns on each side of the entry that are connected by an arch; and a louvered vent at the front entry gable. The style of the windows and roof material and color will match existing. The existing wood siding will be removed and brick accent will be added to the proposed entry columns and on each side of the garage door. La Habra Crystal White (X-50) will be used for the stucco exterior walls and Alamo (X-524/Tan) will be used for the trim. Flagstone in shades of tan will be used for the front entry walkway. Although the existing architectural style is updated and materials and colors will change, the proposed project is compatible with other homes in the neighborhood. Furthermore, the neighborhood consists of one- story homes ranging in size from approximately 1,451 square feet to approximately 2,016 square feet. With the proposed addition, the subject residence will remain a one-story residence of approximately 3,108 square feet. However, the project site is one of the larger lots in the neighborhood and as such can accommodate the proposed addition which meets all the required development standards of the RL zoning district. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 2 Planning Commission Resolution No. 2008-08 With the approval and construction of the proposed project, the current use of the project site as a single-family residence will be maintained. As discussed in Finding (1) above, the proposed project can be accommodated at the project site. Additionally, the architectural style, colors and materials are compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (3) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. As discussed in Finding (1) above, the proposed project is consistent with the General Plan, development standards of the RL zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the neighborhood and will maintain a harmonious, orderly and attractive development. There is no specific plan for the project area. (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As discussed in Findings (1), (2), and (3) above, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (5) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 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. 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 the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan for the front yard for Planning Division review and approval. Said landscape plan shall show that 50 percent of the front yard will be landscaped. 3 Planning Commission Resolution No. 2008-08 2. Any proposed modifications window locations shall be subject to Community review and approval by the Community Development Director. 3. Prior to final inspection and Certificate of Occupancy issuance, the applicant shall install all approved landscaping and irrigation in the front yard. 4. On March 3, 2008, a stop work order was issued because the applicant had start demolition of the subject residence without a permit. In order to rescind the stop work order and continue the demolition, the applicant shall obtain the appropriate permits from the Building and Safety Division and Southern California Air Quality Management District (AQMD). 5. Prior to plan check submittal, the applicant shall provide a revised site plan that delineates the 10 wide storm drain easement adjacent to the easterly property line. Construction within the easement shall be prohibited. B. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2007 California Building Code. 2. All bedrooms shall comply with all rescue window requirements. 3. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 4. Construction plans shall specify 5/8" type X between the garage and house addition and 1 3/8" solid core self-closing door between the house and garage. 5. An application, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building and Safety Division. 6. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7. Southern California Air Quality Management District (SCAQMD) approval and clearance shall be required prior to issuance of a demolition permit. 8. Applicant shall submit five full sets of plans, including the grading plan, to the Building and Safety Division after the plans have been approved by the Planning Commission. 9. Prior to the issuance of a building permit, the applicant shall submit a full set of plans to the Pomona School District and shall pay required school fees. 10. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of soil. Depth of the foundation below the natural and finish grade shall not be less than 24 inches for exterior and 18 inches for interior foundations. 4 Planning Commission Resolution No. 2008-08 The Planning Commission shall. (a) (b) Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jesus G. Garay, 23827 Palomino Drive, Diamond Bar, CA 91765 and Mr. Phil Munguia, Concept Design 2000 Group, 39924 Willow Bend Drive, Murrieta, CA APPROVED AND ADOPTED THIS 11TH OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of March 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Commissioners: Lee, Nolan, Shah, VC/Torng, Chair/Nelson Commissioners: None Commissioners: None Commissioners: None 5 Development Review No. 2007-36 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-36 SUBJECT: First Story Addition to Single -Family Residence PROPERTY OWNER: Mr. Jesus G. Garay APPLICANT: Mr. Phil Munguia LOCATION: 23827 Palomino Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 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. 2007-36 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-36 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 6 Planning Commission Resolution No. 2008-08 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. 2008 -XX Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 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 7 Planning Commission Resolution No. 2008-08 issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2007-36 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" dated March 11, 2008, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 8 Planning Commission Resolution No. 2008-08 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) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater of Storm Water Prevention Plan (SWPPP) shall be needed. Please refer to City handout. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. 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. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. B. Drainage 1 Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 9 Planning Commission Resolution No. 2008-08 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. The project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off occupant sensor. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Plans shall specify location of tempered glass as required by code. 8. The number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 10 Planning Commission Resolution No. 2008-08