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HomeMy WebLinkAboutPC 2011-09PLANNING COMMISSION RESOLUTION NO. 2011-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2010-438 TO ADD 1,643 SQUARE FEET TO AN EXISTING 2,768 SQUARE -FOOT SINGLE FAMILY RESIDENCE AND CONVERT AN EXISTING 792 SQUARE -FOOT HORSE BARN INTO A 421 SQUARE -FOOT POOL HOUSE WITH AN ATTACHED 371 SQUARE -FOOT PATIO COVER ON A 0.81 GROSS ACRE (35,284 SQUARE -FOOT) LOT LOCATED AT 2435 ALAMO HEIGHTS, DIAMOND BAR, CA 91765 (APN 8713-009-002). A. RECITALS 1. The property owners, Ming Kuo and Li Hua Chen, and applicant, Manolo M. Manalo, have filed an application for Development Review No. PL 2010-438 to add 1,643 square feet to an existing 2,768 square -foot single family residence. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover located at 2435 Alamo Heights, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 35,284 square feet (0.81 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Tract 30578 Lot 163. The Assessor's Parcel Number is 8713-009-002. 4. On April 15, 2011, 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 1,000 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on April, 15, 2011. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On April 26, 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and C 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) (additions to an existing structure of less than 10,000 square feet) 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 22.48.040) 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 addition of 1, 643 square feet to an existing 2,768 square -foot single family residence and the proposed conversion of an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover are consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks and requirements of the City's development code. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 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 addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site has an existing single-family home and the surrounding uses are also single- family homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family residence because it complies with the requirements for driveway widths. 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 Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; 2 PC 2011-09 The proposed addition is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates. The proposed design of the structure is a contemporary eclectic style of architecture with earth -tone shades for the exterior finish to soften the building's visual impact. 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, color, and will remain aesthetically appealing; The design of the single-family residence is a contemporary eclectic style of architecture. Variation in the building elements has been achieved through the utilization of varying architectural features and building materials, such as, tiled roof, cultured stone veneer and stucco walls, cupola, vinyl doors and windows, and prefabricated columns. 5. The proposed development will not be detrimental to 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. Through the permit and inspection process, the referenced agencies 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) (additions to an existing structure of less than 10,000 square feet) of the CEQA guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing; 2. Prior to building permit issuance, the required plans shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The final landscape and fuel modification plans shall be submitted to the Los Angeles Fire Department for review and approval; and 3. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 3 PC 2011-09 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 the property owners, Ming Kuo and Li Hua Chen, 2435 Alamo Heights, Diamond Bar, CA 91765; and the applicant, Manolo M. Manalo, 23824 Audrey Ave #C, Torrance, CA 90505 APPROVED AND ADOPTED THIS 26" DAY OF APRIL 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By. V "r Jack Shah, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of April, 2011, by the following vote: AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: _ Greg Gubm , Secretary 4 PC 2011-09 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2010-438 SUBJECT: Addition of 1,643 square -foot, single -story, addition to an existing 2,768 square -foot, single -story, single-family residence. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover. PROPERTY Ming Kuo and Li Hua Chen OWNER(S): 2435 Alamo Heights Diamond Bar, CA 91765 APPLICANT: Manolo M. Manalo 23824 Audrey Ave #C Torrance, CA 90505 LOCATION: 2435 Alamo Heights, 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. PL 2010-438 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: 5 PC 2011-09 (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 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 2010-438, 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 a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2011-09, 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, landscapelirrigation, and roof plans, and elevation plans 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 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. 6 "'pr 2011-09 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever 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 No. PL 2010-438 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC 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 attached hereto as Attachment 2 including: site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the 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. 7 PC 2011-09 E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted 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. N. PC 2011-09 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., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 4. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 6. "Separate permits are required for site work" and shall be noted on plans. 7. Indicate all easements on the site plan. 8. 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. 9. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 11. Specify location of tempered glass as required by code. 12. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. All pool barriers shall be maintained. 9 PC 2011-09 13. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 14. A soils report is required and all recommendations of the soils report shall be adhered to. 15. Slope setbacks consistent with California Building Code Figure 1805.3.1, Foundations shall provide a minimum distance to daylight. 16. An occupancy separation shall occur between dwelling areas and the garage spaces. 17. The barn conversion shall require updating to habitable space including structural design for lateral and foundations and energy compliance. End 10 PC 2011-09 PLANNING COMMISSION RESOLUTION NO. 2011-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2010-438 TO ADD 1,643 SQUARE FEET TO AN EXISTING 2,768 SQUARE -FOOT SINGLE FAMILY RESIDENCE AND CONVERT AN EXISTING 792 SQUARE -FOOT HORSE BARN INTO A 421 SQUARE -FOOT POOL HOUSE WITH AN ATTACHED 371 SQUARE -FOOT PATIO COVER ON A 0.81 GROSS ACRE (35,284 SQUARE -FOOT) LOT LOCATED AT 2435 ALAMO HEIGHTS, DIAMOND BAR, CA 91765 (APN 8713-009-002). A. RECITALS 1. The property owners, Ming Kuo and Li Hua Chen, and applicant, Manolo M. Manalo, have filed an application for Development Review No. PL 2010-438 to add 1,643 square feet to an existing 2,768 square -foot single family residence. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover located at 2435 Alamo Heights, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 35,284 square feet (0.81 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Tract 30578 Lot 163. The Assessor's Parcel Number is 8713-009-002. 4. On April 15, 2011, 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 1,000 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on April, 15, 2011. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On April 26, 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 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) (additions to an existing structure of less than 10,000 square feet) 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 22.48.040) 1. 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 addition of 1,643 square feet to an existing 2,768 square -foot single family residence and the proposed conversion of an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover are consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks and requirements of the City's development code. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 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 addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site has an existing single-family home and the surrounding uses are also single- family homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family residence because it complies with the requirements for driveway widths. 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 Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; 2 PC 2011-09 The proposed addition is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates. The proposed design of the structure is a contemporary eclectic style of architecture with earth -tone shades for the exterior finish to soften the building's visual impact. 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, color, and will remain aesthetically appealing; The design of the single-family residence is a contemporary eclectic style of architecture. Variation in the building elements has been achieved through the utilization of varying architectural features and building materials, such as, tiled roof, cultured stone veneer and stucco walls, cupola, vinyl doors and windows, and prefabricated columns. 5. The proposed development will not be detrimental to 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. Through the permit and inspection process, the referenced agencies 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) (additions to an existing structure of less than 10,000 square feet) of the CEQA guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing; 2. Prior to building permit issuance, the required plans shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The final landscape and fuel modification plans shall be submitted to the Los Angeles Fire Department for review and approval; and 3. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 3 PC 2011-09 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 the property owners, Ming Kuo and Li Hua Chen, 2435 Alamo Heights, Diamond Bar, CA 91765; and the applicant, Manolo M. Manalo, 23824 Audrey Ave #C, Torrance, CA 90505 APPROVED AND ADOPTED THIS 26th DAY OF APRIL 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of April, 2011, by the following vote: AYES: Commissioners: Lin, Nelson, Tong, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubm Secretary 4 PC 2011-09 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2010-438 SUBJECT: Addition of 1,643 square -foot, single -story, addition to an existing 2,768 square -foot, single -story, single-family residence. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover. PROPERTY Ming Kuo and Li Hua Chen OWNER(S): 2435 Alamo Heights Diamond Bar, CA 91765 APPLICANT: Manolo M. Manalo 23824 Audrey Ave #C Torrance, CA 90505 LOCATION: 2435 Alamo Heights, 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. PL 2010-438 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: 5 PC 2011-09 (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 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 2010-438, 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 a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2011-09, 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, and roof plans, and elevation plans 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 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. 6 nr Pr, 2011-09 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever 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 No. PL 2010-438 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC 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 attached hereto as Attachment 2 including: site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the 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. 7 PC 2011-09 E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted 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. 8 PC 2011-09 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., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 4. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 6. "Separate permits are required for site work" and shall be noted on plans. 7. Indicate all easements on the site plan. 8. 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. 9. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 11. Specify location of tempered glass as required by code. 12. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. All pool barriers shall be maintained. 9 PC 2011-09 13. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 14. A soils report is required and all recommendations of the soils report shall be adhered to. 15. Slope setbacks consistent with California Building Code Figure 1805.3.1, Foundations shall provide a minimum distance to daylight. 16. An occupancy separation shall occur between dwelling areas and the garage spaces. 17. The barn conversion shall require updating to habitable space including structural design for lateral and foundations and energy compliance. End 10 PC 2011-09