HomeMy WebLinkAboutPC 2017-18PLANNING COMMISSION
RESOLUTION NO. 2017-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2017-11 TO CONSTRUCT A 1,372 SQUARE -FOOT TWO-STORY
ADDITION AND A 71 SQUARE -FOOT BALCONY TO AN EXISTING 1,881
SQUARE -FOOT, TWO-STORY RESIDENCE WITH A 425 SQUARE -FOOT
GARAGE ON A 0.16 GROSS ACRE (6,899 GROSS SQUARE -FOOT) LOT
AT 23303 GOLD RUSH DRIVE, DIAMOND BAR, CA 91765 (APN 8717-010-
002).
A. RECITALS
1. The property owners and applicant, Sai A. Myint and Saw Aung, have
filed an application for Development Review No. PL2017-11 application
to construct a 1,372 square -foot addition and a 71 square -foot balcony
to an existing 1,881 square -foot, two-story, single-family residence with
an attached 425 square -foot garage located at 23303 Gold Rush Drive,
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 6,899 gross
square feet (0.16 gross acres). It is located in the Low Medium Density
Residential (RLM) zone with an underlying General Plan land use
designation of Low Density Residential.
3. The legal description of the subject property is Lot 58 of Tract No. 31037.
The Assessor's Parcel Number is 8717-010-002.
4. On July 14, 2017, public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project site. On July 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 July 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:
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
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 two-story addition consisting of
1,372 square feet of floor area and a 71 square -foot balcony to an
existing two-story, single-family residence is consistent with the City's
General Plan, City Design Guidelines and Development Code 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
PC Resolution No. 2017-18
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.
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 project is located between a one-story home to the west and a two-
story home to the east. The second -story addition is proposed towards
the east alongside the neighboring two-story home. The project is
designed to be compatible with the character of the existing homes in the
neighborhood. The addition does not further encroach into the existing
front or side setbacks. The proposed 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 architecture of the existing residence is a 1970s tract design with
textured stucco, wood trim and clay tiles on a gabled roof. The proposed
addition will also update the exterior by incorporating Mediterranean
details and varied roof forms. The existing 4:12 roof pitch and matching
clay Mission tiles will be incorporated into the new portions of the roof
plan. Therefore, the addition will be visually integrated into the existing
home and not negatively impact the look and character of the
neighborhood.
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.
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution, and the
3 PC Resolution No. 2017-18
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.
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/applicant, Sai A. Myint and Saw Aung,
23303 Gold Rush Drive, Diamond Bar, CA 91765.
PC Resolution No. 2017-18
APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: A, 6
Raymon, olfe, 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 25th day of July, 2017, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Barlas, Farago, VC/Mok, Chair/Wolfe
None
Mahlke
None
ATTEST:
Greg Gubman, Secretary
5 DR No. PL2017-11
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW
AND REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2017-11
SUBJECT: To construct a 1,372 square -foot addition and a 71 square -
foot balcony to an existing 1,881 square -foot, two-story,
single-family residence with an attached 425 square -foot
garage.
PROPERTY Sal A. Myint and Saw Aunq
OWNER/ 23303 Gold Rush Drive
APPLICANT: Diamond Bar, CA 91765
LOCATION: 23303 Gold Rush Drive 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
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. PL2017-11 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,
6 PC Resolution No. 2017-18
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. PL2017-11, 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. 2017-18,
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. 2017-18
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 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.
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. PL2017-11 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
8 PC Resolution No. 2017-18
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 1,372 square -foot addition and a
71 square -foot balcony to an existing 1,881 square -foot, two-
story, single-family residence with an attached 425 square -foot
garage located at 23303 Gold Rush Drive, 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.
9 PC Resolution No. 2017-10
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.
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.
10 PC Resolution No. 2017-18
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.
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:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform
to current State and Local Building Code (i.e., 2016 California Building
Code series will apply) 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
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.
11 PC Resolution No. 2017-18
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(o).
6. All balconies shall be designed for 60lb/ft live load.
7. All easements shall be shown on the site plan.
8. All retaining walls shall be separately submitted to the Building and
Safety and Public Works/Engineering Departments for review and
approval.
9. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
10. Light and ventilation shall comply with CBC 1203 and 1205.
Permit — Items required prior to building permit issuance:
11. 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.
12. 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.
13. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
14. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
15. 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.
12 PC Resolution No. 2017-18
Construction — Conditions required during construction:
16. 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.
17. 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.
18. 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.
19. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
20. 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.
21. 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.
22. 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.
23. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
24. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
25. 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
13 PC Resolution No. 2017-18
conditions shall match the grading/drainage plan or otherwise approved
as -built grading/drainage plan.
26. 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.
27. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
28. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
:4kq1III
14 PC Resolution No. 2017-18