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HomeMy WebLinkAboutPC 2009-01PLANNING COMMISSION RESOLUTION NO. 2009-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING: 1) DEVELOPMENT REVIEW NO. 2008-13, TO CONSTRUCT AN ADDITION OF 1,286 SQUARE FEET TO AND EXISTING 2,607 SQUARE -FOOT DWELLING; AND 2) MINOR CONDITIONAL USE PERMIT NO. 2008-17, FOR THE CONTINUATION OF NONCONFORMING FRONT AND SIDE YARD SETBACKS, AND NONCONFORMING SEPARATIONS BETWEEN STRUCTURES ON A 51,836 SQUARE FOOT (1.19 ACRE) LOT, LOCATED AT 2547 BLAZE TRAIL (APN: 8713-028-019, LOT 137, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owner, Mr. Chih Hsin Hsieh and applicant Mr. Rupert Mok, have filed an application for Development Review No. 2008-13, and Minor Conditional Use Permit No. 2008-17, for property located at 2547 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On January 13, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)(2) (Additions to existing structures) of the CEQA Guidelines. 3. Development Review Findings a. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The proposed addition of 1,286 square feet to an existing 2,607 square -foot single-family residence is consistent with the RR Zone's Development Standards and the City's Design Guidelines. Hence, the proposed project is consistent with other development in this surrounding community. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed addition of 1,286 square feet to an existing 2,607 square foot single-family residence established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and 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. C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The design of the proposed addition is consistent with the architecture of the existing residence. The compatibility of the proposed addition with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its 2 Planning Commission Resolution No. 2009-01 neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; The project's design and use of construction materials are consistent with other single-family residences in the surrounding neighborhood. e. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4. Minor Conditional Use Permit Findings a. The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR zone. The existing nonconforming setbacks and separation between structures may be allowed with the appropriate findings through the Minor Conditional Use Permit process. The expansion of the nonconforming structure will not further encroach into the nonconforming setbacks. b. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of 1,286 square feet are consistent with the development standards for the site and the surrounding neighborhood. 3 Planning Commission Resolution No. 2009-01 d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject site is physically suitable for the existing single-family residential dwelling and the proposed expansion. The existing and proposed use of land is consistent with the surrounding land uses and is consistent with the development standards for the RR zone. e. 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; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)(2) (additions to existing structures) of the CEQA Guidelines. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: a. The project landscape plan shall avoid the use of invasive plant materials as identified by the California Invasive Plant Council. A complete list of the plant material to be avoided can be found at the following web address: www.calipc.org: b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 Planning Commission Resolution No. 2009-01 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. Chill Hsin Hsieh, 2547 Blaze Trail, Diamond Bar, CA 91765; and Mr. Rupert Mok, 829 S. Lemon Ave, Suite A11 -B, Walnut, CA 91789. APPROVED AND ADOPTED THIS 13th OF JANUARY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. ,� J/ BY: teve Nelson, Chairman I, Greg Gubman, 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 13th day of January 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners ABSENT: Commissioners: Nolan, Lee, VC/Torng, Chair/Nelson None None Shah ATTEST: Greg Gubman, Secretary 5 Development Review No. 2008-13 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2008-13, and Minor Conditional Use Permit No. 2008-17 SUBJECT: Addition of 1,286 square feet to an existing 2,607 square foot single-family residence, the continuation of the front and side yard nonconforming setbacks and the separation between structures. PROPERTY OWNER: Mr. Chih Hsin Hsieh APPLICANT: Mr. Rupert Mok LOCATION: 2547 Blaze Trail, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2008-13 and Minor Conditional Use Permit No. 2008-17 brought within the time period provided 6 Planning Commission Resolution No. 2009-01 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. 2008-13 and Minor Conditional Use Permit No. 2008-17 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 License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2009-01 Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. Site, grading, landscape/irrigation and roof 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. 7 Planning Commission Resolution No. 2009-01 9. 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. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 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 come first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2008-13 and Minor Conditional Use Permit No. 2008-17 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively reference herein as Exhibit "A" including: site plans, floor plans, and architectural elevations on 8 Planning Commission Resolution No. 2009-01 file in the Planning Division; the conditions contained herein; Development Code regulations; the Specific Plan; and the Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 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 clearly detailing erosion control measures. These measures shall be implemented during construction. 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 soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 9 Planning Commission Resolution No. 2009-01 B. SOILS REPORT/GRADING/RETAINING WALLS Finished slopes shall conform to City Code Section 22.22.080 -Grading. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10 Planning Commission Resolution No. 2009-01 5. "Separate permits are required for pool, spa, pond and tennis court' and shall be noted on plans. 6. A height survey may be required at completion of framing. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building L Shaft rating/ exterior walls construction/ opening protection 9. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. 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. 15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11 Planning Commission Resolution No. 2009-01 16. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 19. Specify location of tempered glass as required by code. 20. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 21. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 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. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 12 Planning Commission Resolution No. 2009-01 PLANNING COMMISSION RESOLUTION NO. 2009-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING: 1) DEVELOPMENT REVIEW NO. 2008-13, TO CONSTRUCT AN ADDITION OF 1,286 SQUARE FEET TO AND EXISTING 2,607 SQUARE -FOOT DWELLING; AND 2) MINOR CONDITIONAL USE PERMIT NO. 2008-17, FOR THE CONTINUATION OF NONCONFORMING FRONT AND SIDE YARD SETBACKS, AND NONCONFORMING SEPARATIONS BETWEEN STRUCTURES ON A 51,836 SQUARE FOOT (1.19 ACRE) LOT, LOCATED AT 2547 BLAZE TRAIL (APN: 8713-028-019, LOT 137, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Mr. Chih Hsin Hsieh and applicant Mr. Rupert Mok, have filed an application for Development Review No. 2008-13, and Minor Conditional Use Permit No. 2008-17, for property located at 2547 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On January 13, 2009, 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 determines that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)(2) (Additions to existing structures) of the CEQA Guidelines. 3. Development Review Findings a. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The proposed addition of 1,286 square feet to an existing 2,607 square -foot single-family residence is consistent with the RR Zone's Development Standards and the City's Design Guidelines. Hence, the proposed project is consistent with other development in this surrounding community. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed addition of 1,286 square feet to an existing 2,607 square foot single-family residence established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and 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. C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The design of the proposed addition is consistent with the architecture of the existing residence. The compatibility of the proposed addition with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its 2 Planning Commission Resolution No. 2009-01 neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; The project's design and use of construction materials are consistent with other single-family residences in the surrounding neighborhood. e. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4. Minor Conditional Use Permit Findings a. The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR zone. The existing nonconforming setbacks and separation between structures may be allowed with the appropriate findings through the Minor Conditional Use Permit process. The expansion of the nonconforming structure will not further encroach into the nonconforming setbacks. b. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of 1,286 square feet are consistent with the development standards for the site and the surrounding neighborhood. 3 Planning Commission Resolution No. 2009-01 d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject site is physically suitable for the existing single-family residential dwelling and the proposed expansion. The existing and proposed use of land is consistent with the surrounding land uses and is consistent with the development standards for the RR zone. e. 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; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)(2) (additions to existing structures) of the CEQA Guidelines. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: a. The project landscape plan shall avoid the use of invasive plant materials as identified by the California Invasive Plant Council. A complete list of the plant material to be avoided can be found at the following web address: www.calipc.org. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 Planning Commission Resolution No. 2009-01 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. Chih Hsin Hsieh, 2547 Blaze Trail, Diamond Bar, CA 91765; and Mr. Rupert Mok, 829 S. Lemon Ave, Suite All -B, Walnut, CA 91789. APPROVED AND ADOPTED THIS 13th OF JANUARY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, Greg Gubman, 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 13th day of January 2009, by the following vote: AYES: Commissioners: Nolan, Lee, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Shah ATTEST: .—//ladiat/ Greg Gubman, Secretary BY: teve Nelson, Chairman 5 Development Review No. 2008-13 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2008-13, and Minor Conditional Use Permit No. 2008-17 SUBJECT: Addition of 1,286 square feet to an existing 2,607 square foot single-family residence, the continuation of the front and side yard nonconforming setbacks and the separation between structures. PROPERTY OWNER: Mr. Chih Hsin Hsieh APPLICANT: Mr. Rupert Mok LOCATION: 2547 Blaze Trail, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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. 2008-13 and Minor Conditional Use Permit No. 2008-17 brought within the time period provided 6 Planning Commission Resolution No. 2009-01 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. 2008-13 and Minor Conditional Use Permit No. 2008-17 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 License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2009-01 Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. Site, grading, landscape/irrigation and roof 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. Planning Commission Resolution No. 2009-01 9. 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. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever come first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2008-13 and Minor Conditional Use Permit No. 2008-17 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 reference herein as Exhibit "A" including: site plans, floor plans, and architectural elevations on 8 Planning Commission Resolution No. 2009-01 file in the Planning Division; the conditions contained herein; Development Code regulations; the Specific Plan; and the Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 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 clearly detailing erosion control measures. These measures shall be implemented during construction. 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 soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 am. 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. 9 Planning Commission Resolution No. 2009-01 B. SOILS REPORT/GRADING/RETAINING WALLS 1. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10 Planning Commission Resolution No. 2009-01 5. "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 6. A height survey may be required at completion of framing. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) 9. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 9. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 60Ib. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11 Planning Commission Resolution No. 2009-01 16. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 19. Specify location of tempered glass as required by code. 20. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 21. Private property sewer! septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 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. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 12 Planning Commission Resolution No. 2009-01