HomeMy WebLinkAboutPC 2017-13PLANNING COMMISSION
RESOLUTION NO. 2017-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2016-204 TO CONSTRUCT A 460 SQUARE -FOOT SINGLE -STORY
ADDITION AND A 58 SQUARE -FOOT PORCH TO AN EXISTING
2,077 SQUARE -FOOT, SINGLE -STORY RESIDENCE WITH A 460 SQUARE -
FOOT GARAGE AND 250 SQUARE -FOOT SUN ROOM ON A 0.18 GROSS
ACRE (7,833 GROSS SQUARE -FOOT) LOT AT 3372 FALCON RIDGE ROAD,
DIAMOND BAR, CA 91765 (APN 8714-008-008).
A. RECITALS
The property owners, Bill Dominguez and Karen Peng, and applicant, Jason
Sun, have filed an application for Development Review No. PL2016-204
application to construct a 460 square -foot single -story addition, and
58 square -foot porch to an existing 2,077 square -foot, single -story
residence with a 460 square -foot garage and 250 square -foot sun room
located at 3372 Falcon Ridge 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 made up of one parcel totaling 7,833 gross square
feet (0.18 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 18 of Tract No. 33205.
The Assessor's Parcel Number is 8714-008-008.
4. On May 10, 2017, public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project site. On May 12, 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 May 23, 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:
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)
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 single -story addition consisting of
460 square feet of floor area and a 58 square -foot porch to an existing
single -story, single-family residence is consistent with the City's General
Plan, City Design Guidelines and development standards. The proposed
addition will maintain architectural integrity by incorporating matching
exterior colors and building materials. The mass and scale of the addition
are proportionate to the existing house and surrounding properties.
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. In addition, no protected, trees exist on site.
2 PC Resolution No. 2017-13
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 1970s tract design with wood siding, stucco,
and concrete tiles on a gabled roof with a cross -hip roof over the garage.
The applicant is proposing to remove the wood siding at the front of the
house and replace with stucco to match the house and add three feet of
stone veneer along the bottom of the front elevation. The existing
chimney/fireplace will be removed to construct the addition at the front of
the house. The applicant is also proposing a porch with a hipped roof over
the new entrance of the house. The proposed addition is located 21 feet,
3 inches from the property line, more than the required minimum 20 -foot
front setback. The house will remain single -story and will maintain the
existing height of the house. The exterior architectural materials—such as
stucco and concrete roof tiles—will match those of the existing structure.
Therefore, the addition will be visually integrated into the existing home and
not negatively impact the look and character of the 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, color, and will remain
aesthetically appealing.
The existing architecture is a 1970s tract design with wood siding, stucco,
and concrete tiles on a gabled roof with a cross -hip roof over the garage.
The existing chimneyfreplace will be removed to construct the addition at
the front of the house. The applicant is proposing to remove the wood siding
at the front of the house and replace with stucco to match the house and
add three feet of stone veneer along the bottom of the front elevation. The
applicant is also proposing a porch with a hipped roof over the new entrance
of the house. The addition will match the existing home in color and building
materials, and roof style. Therefore, the addition will be visually integrated
into the existing home and not negatively impact the look and character of
the neighborhood.
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. 2017-13
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.
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.
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.
Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
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.
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, Bill Dominguez and Karen Peng,
3372 Falcon Ridge Road, Diamond Bar, CA 91765, and applicant,
Jason Sun, Architect Suns Inc., 3018 E. Colorado Blvd., Pasadena,
CA 91107.
4 PC Resolution No. 2017-13
APPROVED AND ADOPTED THIS 231d DAY OF MAY 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: k V
Raymond6kolfe, CWirmarr
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 23rd day of May, 2017, by the following vote:
AYES: Commissioners: Barlas, Farago, Mahlke, VC/Mok, Chair/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
5 DR No. PL2016-204
WCOMMUNITY DEVELOPMENT DEPARTME I
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2016-204
SUBJECT:
with a 460 square -foot garage and 250 square -foot sun room.
PROPERTY Bill Dominguez and Karen Peng
OWNER: 3372 Falcon Ridge Road
Diamond Bar, CA 91765
APPLICANT: Jason Sun
SWS Design Group
3018 E. Colorado Blvd. #150
Pasadena, CA 91107
LOCATION: 3372 Falcon Ridge 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. PL2016-204 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:
6 PC Resolu5on No. 2017-13
(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. PL2016-204,
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. 2017-13,
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.
7 PC Resolution No. 2017-13
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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 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., or at any
time on Sundays or holidays.
11. The property owner/applicant shall remove the public hearing notice
board within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to issuance
of building or grading permit (whichever comes first), as required by
the City. School fees as required shall be paid prior to the 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.
TIME LIMITS
The approval of Development Review No. PL2016-204 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.
PC RmIutlon No. 2017-13
D. SITE DEVELOPMENT
1. This approval is to construct a 460 square -foot addition and
58 square -foot porch to an existing single -story, single-family
residence located at 3372 Falcon Ridge 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
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.
9 PC Resoludon No. 2017-13
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.
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 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.
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
10 PC Resoldon No. 2017-13
Management Practices (BMP's) as specified in the Storm Water
BMP Certification.
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.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. 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) requirements and all other
applicable construction codes, ordinances and regulations in effect.
2. Provisions for CALGreen shall be implemented onto plans and
certification shall be provided by a third party as required by the
Building Division. Specific water, waste, low VOC, and related
conservation measures shall be shown on plans. Construction shall
conform to the current CALGreen Code.
C. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN
APPROVAL:
1. 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.
2. 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).
3. Light and ventilation shall comply with CBC 1203 and 1205.
4. An occupancy separation shall be provided between the garage and
addition area.
11 PC Resolu0on No. 2017-13
D. Permit — Items required prior to building permit issuance:
Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16
of Title 8. The contractor shall complete all required forms and pay
applicable deposits prior to permit.
2. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
3. 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.
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
Every permit issued by the building official under the provisions of
this Code shall 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.
2. 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.
3. Existing fencing shall remain in-place during construction including
pool barrier fencing. Any alteration of the fencing may result in a
discontinuation of construction until the fences are returned to its
original state.
4. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
5. 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.
6. 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.
12 PC Resolution No. 2017-13
7. 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.
8. All glazing in hazardous locations shall be labeled as safety glass.
The labeling shall be visible for inspection.
9. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
10. 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.
11. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
12. All plumbing fixtures, including those in existing areas, shall be low -
flow models consistent with California Civil Code Section 1101.1 to
1101.8.
qT
13 PC Resolution No. 2017-13