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HomeMy WebLinkAboutPC 2017-08PLANNING COMMISSION RESOLUTION NO. 2017-08 A RESOLUTION OF THE PLANNING COMMISSION OF . THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2016-211 TO CONSTRUCT A 1,246 SQUARE -FOOT TWO-STORY ADDITION WITH AN ATTACHED 438 SQUARE -FOOT BALCONY AND PATIO AREAS TO AN EXISTING 2,104 SQUARE -FOOT, TWO-STORY SINGLE- FAMILY RESIDENCE WITH AN ATTACHED 600 SQUARE -FOOT GARAGE ON A 0.2 GROSS ACRE (9,239 GROSS SQUARE -FOOT) LOT, LOCATED AT 3543 HAWKWOOD ROAD, DIAMOND BAR, CA 91765 (APN 8714-022-019). A. RECITALS 1. The property owner and applicant, Anil Luthra, has filed an application for Development Review No. PL2016-211 to construct a two-story addition consisting of 1,246 square feet of floor area with an attached 438 square -foot patio and balcony areas to an existing 2,104 square -foot, two-story, single- family residence with an attached 600 square -foot, three -car garage located at 3543 Hawkwood Road, Diamond Bar, County of Los Angeles, California. 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 9,239 gross square feet (0.2 gross acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential. 3. The legal description of the subject property is Lot 82 of Tract No. 34161. The Assessor's Parcel Number is 8714-022-019. 4. On April 14, 2017, public hearing notices were mailed to property owners within a 1000 -foot radius of the Project site. On April 14, 2017, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers; 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 April 25, 2017, 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 existing structures) 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 design and layout of the proposed two-story addition consisting of 1,246 square feet of floor area with an attached 438 square -foot balcony and patio areas to an existing single-family residence is consistent with the City's General Plan, City Design Guidelines and development standards. The addition is located at the front and rear of the existing house. 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 is designed for a single-family home and the surrounding uses are also single-family homes. Although a portion of the addition is proposed at the front of the house, it maintains the same building front and side setback lines as the existing house. 2 PC Resolution No. 2017-08 The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it complies with the requirements for driveway widths and is a continuation of an existing use. 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. The existing architecture is a 1980s tract design with stucco and concrete tiles on a gabled roof. The applicant is proposing to retain the existing building form and will match the existing roof style, pitch and materials. Furthermore, the project is located between two-story homes on each side. As such, the addition will be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. Although the addition may create views towards the west property, the applicant has obtained a letter from the property owners at 3551 Hawkwood Drive (adjacent neighbor to the west). The letter states that the owners do not object to the proposed addition. The new balcony will also create views towards the east property. However, the fencing material on both sides of adjacent properties is open wrought iron, which already enables adjacent neighbors to view upon each other's rear yards. There is only a small portion of the existing bedroom that is being extended and no new windows are proposed on the second floor towards the east side of the home. As such, the project should not create any privacy concerns. 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. Although a portion of the proposed addition is at the front of the existing house, the front setback will remain the same. The addition is designed to create articulation with varying wall planes, use of materials and a balcony. The proposed addition will use the same stucco material to match the existing house. The proposed roof will match the existing roof style, 5:12 pitch, and materials. Therefore, the proposed addition will preserve the architectural integrity of the existing construction by matching exterior colors and building materials. 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. 3 PC Resolution No. 2017-08 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 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 existing structures) of the CEQA guidelines. Detrimental and/or injurious to property and improvements in the neighborhood. The addition to the existing single-family dwelling unit will be constructed in a manner similar with existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property, and improvements in the neighborhood. 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. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 3. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. 4. The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m. 4 PC Resolution No. 2017-08 The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Anil Luthra, 3543 Hawkwood Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 25TH DAY OF APRIL 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By. Raymbad Wolfe, C airperson 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 25th day of April, 2017, by the following vote: AYES: Commissioners: sarlas, Farago, Mahlke, OC/Mok, Chair/Wolfe NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: ozy-"- Greg Gubman, Secretary 5 DR No. PL2016-211 DIAI►IOND BAR!COMMUNITY DEVELOPMENT DEPARTMENY C'T STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M Development Review No. PL 2016-211 SUBJECT: To construct a 1,246 square -foot two-story addition with an nffar_hprl AIR cnnarP-fnnt halrnnv and natio areas to an existina attached three -car garage. PROPERTY Anil Luthra OWNER/ 3543 Hawkwood Road APPLICANT: Diamond Bar, CA 91765 LOCATION: 3543 Hawkwood Road Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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. PL2016-211 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 attorney's fees, incurred in defense of such claims. 6 PC Resolution No. 2017-08 (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 (2 1) days of approval of this Development Review No. PL2016-211, 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. 2017-08, 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. 7 PC Resolution No. 2017-08 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. 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. PL2016-211 expires within two years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code (DBMC) Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the Fee Schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is to construct a two-story addition consisting of 1,246 square feet of floor area with an attached 438 square -foot balcony and patio areas to an existing single-family residence located at 3543 Hawkwood Road, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed herein. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the 8 PC Resolution No. 2017-08 approved Development Review submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non- compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 6. 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 referenced as site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 7. 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. 8. All roof -mounted equipment shall be screened from public view. 9. 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. 9 PC Resolution No. 2017-08 10. 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, 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 td 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. II. 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. 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. 10 PC Resolution No. 2017-08 III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e., 2013 California Building Code series will apply until December 31, 2016, otherwise the 2016 CBC series applies) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building and Safety Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. Plan Check — Items to be addressed prior to plan approval: 3. The minimum design load for wind in this area is 110 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. 4. 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 119 and 150(k). 5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0). 6, Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building and Safety Division. 7. "Separate permits are required for retaining walls" and shall be noted on plans. 8. All balconies shall be designed for 60lb/ft live load. 9. All easements shall be shown on the site plan. 11 PC Resolution No. 2017-08 10. 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 requirements of the fire zone per CBC Chapter 7A. 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. c. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. e. Fuel modification plans shall be approved through LA County Fire Fuel Modification Unit. f. LA County Fire shall approve plans for fire flow availability due to home being over 3600 sf as required per CFC Appendix B105.1. 11. All retaining walls shall be separately submitted to the Building and Safety and Public Works/Engineering Departments for review and approval if applicable: 12. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 13. Slope setbacks shall be consistent with California,, Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 14. Light and ventilation shall comply with CBC 1203 and 1205. The existing living room shall be justified with consideration that the covered patio is only open on one side. 15. The occupancy group shall be listed as R-3 rather than R-1. 16. Roof crickets shall be identified on plans for proper roof drainage. Permit — Items required prior to building permit issuance: 17. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code Section 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 12 PC Resolution No. 2017-08 18. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 19. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 20. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction — Conditions required during construction: 21. Every permit issued by the building official under the provisions of this Code I hall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 22. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 23. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 24. A height and setback survey may be required at completion of framing and foundations construction phases, respectively. 25. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 26. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 27. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 28. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 13 PC Resolution No. 2017-08 29. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 30. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 31. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from. the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 32. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42" minimum in height, 4" maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 33. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 34. All plumbing fixtures, including those in existing areas, shall be low -flow models consistent with California Civil Code Section 1101.1 to 1101.8. 35. The existing fireplace supply air shall be vented directly to the outside. END 14 PC Resolution No. 2017-08