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HomeMy WebLinkAboutPC 2011-01PLANNING COMMISSION RESOLUTION NO. 2011-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2010-296, A REQUEST TO CONSTRUCT 1,566 SQUARE FEET TO AN EXISTING 1,507 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE LOCATED AT 24201 HIGH KNOB ROAD (ASSESSORS PARCEL NO. 8704-047-001) A. RECITALS Property owners and applicants, Kalathur and Anuradha Pattabiraman, have filed an application for Development Review No. PL2010-296 to construct 1,566 square feet to an existing 1,507 square -foot, single-family residence located at 24201 High Knob Road, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 14,841 square feet (0.34 acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan Land Use designation of Low Density Residential (RL). 3. The legal description of the subject property is Tract Map Number 33020 Lot 1. The Assessor's Parcel Number (APN) is 8704-047-001. 4. On December 31, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (e.2.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not C. environmentally sensitive) of the CEQA Guidelines. Therefore, no further environmental review is required. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48) The design and layout of the proposed development are consistent with the general plan, 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 existing single-family residence is a permitted use in the RL zone. The proposed addition of 1,566 square feet to an existing single-family residence complies with the Development Standards of the RL zone and is consistent with the applicable elements of the City's General Plan and City Design Guidelines. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 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; The proposed expansion of a single-family residence is consistent with the General Plan Strategy 1.2.4: "maintain residential areas which provide for ownership of single-family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood." The subject property is not located within a specific plan area. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; The existing architectural style is a 1980s tract home design with hipped roof forms, concrete tile, stone veneer, wood siding, stucco, and vinyl doors and windows. The proposed addition will maintain the existing architectural style and is consistent with the development standards for the site and surrounding neighborhood. 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, and will remain aesthetically appealing; 2 Planning Commission Resolution No. 2011-01 The subject site is physically suitable for the existing single-family residence and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses and with the development standards for the RL zone. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 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 and Public Works Departments, and Los Angeles County 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. 6. 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.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project subject to the following conditions and the attached standard conditions: Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. 2. Window and door designs shall be consistent in terms of style and general arrangement on all sides of the building. Wood trim shall be added to all existing and proposed windows and doors. 3. The design, construction materials such as roof type and pitch, building materials and paint colors of the proposed addition shall be architecturally consistent to match the existing house. 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: Kalathur and Anuradha Pattabiraman, 24201 High Knob Road, Diamond Bar, CA 91765. Development Review No. PL 2010-296 APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Torng, Ch firman 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 11th day of January 2011, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gubman, Secretary 4 Development Review No PL 2010-296 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2010-296 SUBJECT: To construct 1 566 square feet to an existing 1,507 square -foot, single family residence. PROPERTY Kalathur and Anuradha Pattabiraman, 24201 High Knob Road, OWNER(S): Diamond Bar, CA 91765 APPLICANT: Kalathur and Anuradha Pattabiraman, 24201 High Knob Road, Diamond Bar, CA 91765 LOCATION: 24201 High Knob Road, 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: B. 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. PL 2010-296 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. 5 Planning Commission Resolution No. 2011-01 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. 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. PL 2010-296 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. 2011-01, 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. 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. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) 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. 6 Planning Commission Resolution No. 2011-01 B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, 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 comes 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 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Diamond Bar 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, on file with the Planning Division: site plans, floor plans, and architectural elevations, the conditions contained herein, and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 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, 7 Planning Commission Resolution No. 2011-01 applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan 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. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. 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. C. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 8 Planning Commission Resolution No. 2011-01 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 California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. 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 Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 9 Planning Commission Resolution No. 2011-01 Walnut Valley School District 880 S. Lemon Ave Walnut, CA 91789 (909) 595-1261 10. A height survey may be required at completion of framing. 11. 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. Shaft rating/ exterior walls construction/ opening protection 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. Please submit a total of 7 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 15. 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. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 17. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Specify location of tempered glass as required by code. 19. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) END 10 Planning Commission Resolution No 2011-01 PLANNING COMMISSION RESOLUTION NO. 2011-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2010-296, A REQUEST TO CONSTRUCT 1,566 SQUARE FEET TO AN EXISTING 1,507 SQUARE -FOOT, SINGLE- FAMILY RESIDENCE LOCATED AT 24201 HIGH KNOB ROAD (ASSESSORS PARCEL NO. 8704-047-001) A. RECITALS 1. Property owners and applicants, Kalathur and Anuradha Pattabiraman, have filed an application for Development Review No. PL2010-296 to construct 1,566 square feet to an existing 1,507 square -foot, single-family residence located at 24201 High Knob Road, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 14,841 square feet (0.34 acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan Land Use designation of Low Density Residential (RL). 3. The legal description of the subject property is Tract Map Number 33020 Lot 1. The Assessor's Parcel Number (APN) is 8704-047-001. 4. On December 31, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (e.2.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the general plan, 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 existing single-family residence is a permitted use in the RL zone. The proposed addition of 1,566 square feet to an existing single-family residence complies with the Development Standards of the RL zone and is consistent with the applicable elements of the City's General Plan and City Design Guidelines. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 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; The proposed expansion of a single-family residence is consistent with the General Plan Strategy 1.2.4: "maintain residential areas which provide for ownership of single-family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood." The subject property is not located within a specific plan area. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; The existing architectural style is a 1980s tract home design with hipped roof forms, concrete tile, stone veneer, wood siding, stucco, and vinyl doors and windows. The proposed addition will maintain the existing architectural style and is consistent with the development standards for the site and surrounding neighborhood. 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, and will remain aesthetically appealing; 2 Planning Commission Resolution No. 2011-01 The subject site is physically suitable for the existing single-family residence and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses and with the development standards for the RL zone. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 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 and Public Works Departments, and Los Angeles County 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. 6. 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.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project subject to the following conditions and the attached standard conditions: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. 2. Window and door designs shall be consistent in terms of style and general arrangement on all sides of the building. Wood trim shall be added to all existing and proposed windows and doors. 3. The design, construction materials such as roof type and pitch, building materials and paint colors of the proposed addition shall be architecturally consistent to match the existing house. 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: Kalathur and Anuradha Pattabiraman, 24201 High Knob Road, Diamond Bar, CA 91765. 3 Development Review No. PL 2010-296 APPROVED AND ADOPTED THIS 1 1 TH DAY OF JANUARY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Torng, Ch irman 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 11th day of January 2011, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gubman, Secretary 4 Development Review No PL 2010-296 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2010-296 SUBJECT: To construct 1,566 square feet to an existing 1,507 square -foot, single family residence. PROPERTY Kalathur and Anuradha Pattabiraman, 24201 High Knob Road, OWNER(S): Diamond Bar, CA 91765 APPLICANT: Kalathur and Anuradha Pattabiraman, 24201 High Knob Road, Diamond Bar, CA 91765 LOCATION: 24201 High Knob Road, 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: B. 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. PL 2010-296 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. 5 Planning Commission Resolution No. 2011-01 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. 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. PL 2010-296 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. 2011-01, 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. 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. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) 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. 6 Planning Commission Resolution No. 2011-01 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, 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 comes 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 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Diamond Bar 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, on file with the Planning Division: site plans, floor plans, and architectural elevations, the conditions contained herein, and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 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, 7 Planning Commission Resolution No. 2011-01 applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,. FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 An Erosion Control Plan shall be submitted concurrently with the grading plan 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. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. 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. C. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 8 Planning Commission Resolution No. 2011-01 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 (Le., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. 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 Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 9 Planning Commission Resolution No. 2011-01 Walnut Valley School District 880 S. Lemon Ave Walnut, CA 91789 (909)595-1261 10. A height survey may be required at completion of framing. 11. 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. Shaft rating/ exterior walls construction/ opening protection 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. Please submit a total of 7 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 15. 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. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 17. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Specify location of tempered glass as required by code. 19. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) END 10 Planning Commission Resolution No 2011-01