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Home My WebLink About10/23/2012 PC AgendaPLANNING FILE COPY COMMISSION AGENDA October 23, 2012 7:00 P.M. City Hall Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairman Vice Chairman Commissioner Commissioner Commissioner Jimmy Lin Steve Nelson Frank Farago Jack Shah Tony Torng Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. DL4�IOH0 DilRI Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infoCcDci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 23, 2012 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2012-20 1. ROLL CALL: COMMISSIONERS: Chairman Jimmy Lin, Vice Chairman Steve Nelson, Frank Farago, Jack Shah, Tony Torng 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: October 9, 2012. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. PL 2012-438 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Mr. Alex Fuentes, is requesting Development Review approval to construct a 526 square -foot addition to an existing 1,270 square -foot single-family residence on a 7,720 gross square -foot (0.18 acre) lot. The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. OCTOBER 23, 2012 PAGE 2 PLANNING COMMISSION AGENDA Project Address: 230 Navajo Springs Rd. Property Owner: Melissa and Alex Fuentes Applicant: 230 Navajo Springs Rd. Diamond Bar, CA 91765 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. Recommendation: Approve Development Review No. PL 2012-438, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution 7.2 Development Review No. PL 2012-265 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and owner, Mr. Basrai, is requesting Development Review approval to construct a 917 square -foot addition to the front of an existing 1,752 square -foot single-family residence on a 16,250 gross square -foot (0.37 acre) lot. The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. Project Address: 21340 E. Running Branch Rd. Property Owner: Shabbir and Hongmy Basrai Applicant: 21340 E. Running Branch Rd. Diamond Bar, CA 91765 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. Recommendation: Approve Development Review No. PL 2012-265, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: OCTOBER 23, 2012 E Ito] PAGE 3 PLANNING COMMISSION AGENDA STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: HALLOWEEN HAUNTED HOUSE HALLOWEEN FALL FUN FESTIVAL: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday & Wednesday October 30 and 31, 2012 Heritage Park, 2900 S. Brea Canyon Rd. Wednesday, October 31, 2012 Heritage Park, 2900 S. Brea Canyon Rd. Tuesday, November 6, 2012 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, November 8, 2012 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, November 13, 2012 — 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, November 15, 2012 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MGly �1 � �a MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 9, 2012 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of August 14, 2012. C/Torng moved, C/Farago seconded, to approve the Minutes of the Regular Meeting of August 14, 2012, as presented. Without objection, the motion was so ordered with C/Shah and Chair/Lin abstaining. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. PL 2012-395 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Kenn Coble, and the property owners, Larry and Candi Holden, requested Development Review approval to construct an 812.5 square foot addition to an existing 1,882 square foot single family residence on a 10,198 gross square foot (0.23 acre) lot. The subject property is zoned Low Medium Residential OCTOBER 9, 2012 M ORAN 11 PAGE 2 PLANNING UUMM1551UN (RLM) with a consistent underlying General Plan land use designation of Low Medium Residential. PROJECT ADDRESS PROPERTY OWNER: 608 Sky Court Diamond Bar, CA 91765 Larry and Candi Holden 608 Sky Court Diamond Bar, CA 91765 APPLICANT: Kenn Coble Pro Builders 449 W. Allen Avenue #109 San Dimas, CA 91773 PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. PL 2012-395, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Tomg asked how staff calculated the setback and building separation on the north side. PT/Tobon responded that these measurements are taken from the existing building footprint because the proposed addition does extend the building closer to the side property lines. The distance between the two structures is 19 feet 3 inches and 13 feet 9 inches on the other side. C/Torng pointed out that the agenda states that the addition is 1,882 square feet, but the staff report summary reads 1,417 square feet. PT/Tobon explained that the difference is the garage. C/Torng said he wanted it to be consistent and PT/Tobon said she would so note. Chair/Lin explained that the table that refers to the side yard clearance is the space between the two adjoining structures and not the side yard setback from the property line. PT/Tobon agreed and confirmed that the minimum side yard distance between adjoining structures is the distance between the subject structure and the structure next door. Chair/Lin asked what the Diamond Bar standard for the side yard setback is and PT/Tobon explained that in this zone it is 10 feet on one side and five feet on the other side as shown on the table.- Mr. able: Mr. Coble, ProBuilders, said he was present to respond to questions. OCTOBER 9, 2012 ALL PAGE 3 PLANNING COMMISSION Chair/Lin opened the public hearing. With no one present who wished to speak on this item, Chair/Lin closed the public hearing. C/Farago moved, C/Shah seconded, to approve Development Review No. PL 2012-395, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. PL 2012-188 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Kenneth Pang, and the property owners, Kuo An Tseng and Mei-Ping Lin, requested Development Review approval to construct a 4,223 square foot addition and exterior renovation to an existing 3,873 square foot single family residence on a 70,168 gross square foot (1.61 acre) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: PROPERTY OWNER: 2930 Steeplechase Lane Diamond Bar, CA 91765 Kuo An Tseng and Mei Ping Lin 19740 E. Lorencita Drive Covina, CA 91724 APPLICANT: Kenneth Pang Creative Design Associates 17528 E. Rowland Street City of Industry, CA 91748 SP/Lee presented staff's report and recommended Planning Commission approval of Development Review No. PL 2012-188, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. E DRA!" - r, OCTOBER 9, 2012 PAGE 4 PLANNING UUMIVuaawn VC/Nelson pointed out that in the first paragraph it says that the application is to construct a 3,371 square foot addition and under the project description it speaks to a 4,223 square foot addition. SP/Lee explained that the reason is that the livable area of the first and second floor is 3,371 and in the first paragraph, second sentence it states that in addition to that there is a 277 square foot porch and 500 square foot outdoor patio. C/Shah asked SP/Lee to repeat the amount of imported soil and SP/Lee responded that 190 cubic yards of soil will be imported to fill the existing swimming pool. Chair/Lin said that on the agenda the property owners are Kuo An Tseng and Mei Ping Lin but on the package the owner is Debby Lin. SP/Lee explained that Debby Lin is the English name of Mei Ping Lin. The resolution should show the legal name which shows Debby Lin and she will clarify that with the applicant tonight. Kenneth Pang, Creative Design Associates, said he and the property owners have read staff's report and have nothing to add but are happy to answer any questions the Commission might have concerning the property. Chair/Lin asked the applicant if he had reviewed the drainage condition after the improvements to see if any additional runoff might the neighboring property. Mr. Pang responded that the drainage should not change too much because the slope will not be touched. The project intends to only fill in the pool so the slope will remain the same. Chair/Lin said that it would add additional impermeable area to the site that would tend to absorb more runoff than the roof. Typically, in a sloped area one would want to make certain that erosion does not occur and lead to unfavorable impacts to the neighboring property. CDD/Gubman said there are conditions of approval for erosion control for the construction. Mr. Pang interjected by saying that the civil plans are part of the package and he has looked at the drainage and confirmed the best way to drain the storm water. C/Torng moved, VC/Nelson seconded, to approve Development Review No. PL 2012-188, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution. 7- MORAW OCTOBER 9, 2012 PAGE 5 PLANNING COMMISSION Chair/Lin opened the public hearing. With no one present who wished to speak on the item, Chair/Lin closed the public hearing. C/Torng moved, VC/Nelson seconded, to approve Development Review No. PL 2012-188, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman reported that the next scheduled Planning Commission meeting is October 23 with two matters scheduled for the agenda — two single-family residential additions under Development Review requests, one located on High Knob and the second on Navajo Springs. (High Knob was stated in error, Running Branch should have been mentioned instead) CDD/Gubman said he would not be present for the October 23 meeting and that SP/Lee would lead the meeting in his absence. He said he would appreciate it if the Commissioners would notify him or AC/Marquez to confirm their presence so that staff can confirm there will be a quorum present to conduct the meeting. CDD/Gubman reported that the legal issue with the incomplete Shell Station project at the corner of Palomino and Diamond Bar Boulevard is moving forward. The City's prosecutor appeared in court the middle of August and the court issued a preliminary injunction ordering the property owner to submit building permits or a demolition permit by September 13. The property owner failed to do so, so the City's next step is to file an additional request for a motion to the court to find the property owner in contempt of the court order to perform to get the project restarted. Staff is concurrently reviewing options for seeking a receiver to take control of the property and complete the project. Staff is aware of the other assets OCTOBER 9, 2012 PAGE 6 PLANNING COMMISSION owned by the property owner which includes 13 other gas stations, two of which are in escrow and staff is looking at the opportunity to sequester the funds that would come out of those property transactions and to use those funds to bring in a receiver and perform the work on the property and have the receiver liquidate the property upon completion. At this point staff is pursuing completion of the property rather than demolition and clearing of the site because the capital improvement value on the site relative to the amount of work needed to complete the project make more financial sense to complete the project rather than to destroy the value of the on- site improvements. This is a complicated lawsuit because of the amount of tax liens encumbering not only this property but several of the other properties that the owner currently holds. Once any of those properties sell, the federal government is first in line to collect on the tax liens. The City would have a priority lien over the remaining balance over all of the other lien holders and parties that might have a lawsuit against the property owner. VC/Nelson asked if CDD/Gubman had any information available regarding filling the Ralph's space and CDD/Gubman responded that unfortunately, he did not have any information available. Information he has received to date indicates that the deal is moving forward and is still alive. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:37 p.m. The foregoing minutes are hereby approved this 23rd day of October, 2012. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jimmy Lin, Chairman PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: October 23, 2012 CASE/FILE NUMBER: Development Review No. PL2012-438 PROJECT LOCATION: 230 Navajo Springs Road, Diamond Bar, CA 91765 (APN 8703-016-013) PROPERTY OWNER: Melissa amd Alex Fuentes 230 Navajo Springs Road Diamond Bar, CA 91765 APPLICANT: Alex Fuentes 230 Navajo Springs Road Diamond Bar, CA 91765 Summary The applicant is requesting approval of a Development Review application to construct a 526 square -foot, single -story addition to the front of an existing 1,270 square -foot, single -story, single-family residence. The addition is proposed to be built concurrently with the reconstruction of a fire -damaged two -car garage. The existing residence is a 1960s tract home with a composite shingled, hip style roof, exterior stucco, and vinyl windows. The proposed addition will maintain a single -story design, appropriate in mass and scale to the site, and incorporates existing design elements compatible with the surrounding neighborhood. After evaluating the application, staff has determined that the proposed project complies with the City's development standards, and believes that the Development Review findings set forth in the Development Code can be made in the affirmative. Therefore, staff recommends that the Planning Commission approve Development Review No. PL2012-438, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description The project site is located on the south side of Navajo Springs Road, before the transition turn to Decorah Road. In 1964, the property was developed under Los Angeles County standards with a 1,270 square -foot, single -story home and 360 square - foot garage on a 7,720 gross square -foot (0.18 gross acres) lot. There are no protected trees on site. The property is legally described as Lot 52 of Tract No. 27530, and the Assessor's Parcel Number (APN) is 8703-016-013. Project Description The applicant requests approval to rebuild a 360 square -foot, fire -damaged garage; and to construct a new 526 square -foot addition to the front of an existing single -story residence. The addition consists of a new double -door entry to a new living room with an expanded bay -window area, and a master bedroom with closet. All new windows will be vinyl, dual -glaze, low emissivity ("low -e") units to match the existing windows on the house. The proposed addition will incorporate similar architectural features, fenestration patterns, colors and materials of the existing house. The existing height of the building is approximately 14 feet. The height of the building will not increase with the proposed addition. Site and Surrounding General Plan Zoning and Land Uses General Plan Zoning District Land Use Designation Site Low Density RL Single -Family Residential Residential North Low Density Residential RL Single -Family Residential South Low Density RL Single -Family Residential Residential East West Low Density Residential Low Density RL RL Single -Family Residential Single -Family Residential Residential rage Development Review No. PL 2012-438 or n ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.481 Additions to structures and reconstruction projects which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or projects having a substantial change to the appearance of an existing residence requires Planning Commission approval of a Development Review (DR) application. As stated in Section 22.48.010 of the Development Code, the DR process was established to ensure that new development and additions to existing development are consistent with the General Plan "through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character" of Diamond Bar. Development Review The following table compares the proposed project with the City's development standards for residential development in the RL zone (next page): rage 6 ui o Development Review No. PL 2012-438 "The continuation of legal nonconforming building setbacks is allowed for minor addmons tuesww Section 22.68.030(b)] Site and Grading Configuration: The site is on an existing leveled pad. Therefore, no grading is required for the proposed project. Minimal excavation will be required for footings and foundation placement. Elevations: The residence is a 1960s one-story tract home consisting of a composite shingled hip style roof, exterior stucco, and vinyl windows. The applicant is proposing to retain the existing building style. The proposed design will maintain architectural integrity by incorporating similar fenestration patterns, and matching existing exterior colors and building materials. The roof of the proposed addition will be fully integrated with the existing roof by matching the existing roof pitch. Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City's Water Conservation Landscaping Ordinance. The ordinance would only apply if 5,000 square feet or more of the existing landscaped area was being altered. However, landscaping that is damaged during construction will need to be restored upon project completion. This requirement is included as a condition of approval. Compatibility with Neighborhood The project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details of the neighboring existing tract homes. The Development Review No. PL 2012-438 Page 4 of 6 applicant is proposing to maintain architectural integrity to the fagade of the residence by using similar types of materials used on the home. The project incorporates the principles of the City's Residential Design Guidelines as follows: • The proposed addition will conform to all development standards, including building heights and setbacks, which is consistent with other homes in the neighborhood; • The proposed addition is designed to minimize the negative impacts on surrounding homes. A transition between the project and adjacent properties is achieved through appropriate setbacks; • Large wall expanses are avoided; and • Placement and relationship of windows, doors, and other window openings are integrated with the building's overall design. Property Located to the East Subject Property Additional Review Property Located to the West The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On October 12, 2012, public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. Development Review No. PL 2012438 Page 5 of 6 Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e)(2)(b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that (Attachment 1) approving in DBMC Sections 22.48, resolution. Prepared by: osu spino Contr ct Planner Attachments: the Planning Commission adopt the attached Resolution Development Review No. PL 2012-438 based on the findings subject to conditions of approval as listed within the draft Reviewed by: S. Le Senior Planner Draft Resolution No. 2012 -XX and Standard Conditions of Approval Site Plan, Floor Plan, and Elevations Development Review No. PL 2012-438 Page 6 of 6 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2012-438 TO CONSTRUCT A 526 SQUARE -FOOT ADDITION TO AN EXISTING 1,270 SQUARE -FOOT SINGLE FAMILY RESIDENCE ON A 0.18 GROSS ACRE (7,720 SQUARE -FOOT) LOT LOCATED AT 230 NAVAJO SPRINGS ROAD, DIAMOND BAR, CA 91765 (APN 8703- 016-013). A. RECITALS 1. The property owners/applicants, Melissa and Alex Fuentes have filed an application for Development Review No. PL2012-438 to construct a 526 square -foot addition to an existing 1,270 square -foot single-family residence, located at 230 Navajo Springs Road, 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 7,720 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 Tract 27530 Lot 52. The Assessor's Parcel Number is 8703-016-013. 4. On October 12, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on October 12, 2012. 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 October 23, 2012, 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)(2)(b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 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 526 square -foot addition to the existing single family residence is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all required setbacks except the pre-existing non -conforming setbacks. The side setback and distance to the structures on the adjacent lot to the east will maintain the existing nonconforming setbacks, and will not further encroach into the nonconforming setback. The project maintains the existing height of the building. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2 Development Review No. PL2012-438 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. 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 architectural style of the home is 1960s tract design. The applicant is proposing to add floor area to the existing home while maintaining consistency with the current design. The project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details of the neighboring existing tract homes. There is no specific plan for this area. 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 existing single-family home is a 1960s tract style. Consistent building elements have been achieved through the utilization of similar architectural features 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; and 3 Development Review No. PL2012438 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)2)(b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA guidelines. Based 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 regarding this proposed project.' 2. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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, Melissa and Alex Fuentes, 230 Navajo Springs Road, Diamond Bar, CA 91765. 4 Development Review No. PL2012-438 APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Jimmy Lin, Planning Commission 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 23`d day of October, 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Development Review No. PL2012-438 AW _ I I— I COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2012-438 SUBJECT: To construct an 526 square -foot addition to an existing single family residence on a 0.18 gross acre (7,720 square -foot) lot PROPERTY Melissa and Alex Fuentes OWNER(S): 230 Navajo Springs Road Diamond Bar, CA 91765 APPLICANT: Alex Fuentes 230 Navajo Springs Road Diamond Bar, CA 91765 LOCATION: 230 Navajo Springs Road Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 2012-438 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: (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. 6 Development Review No. PL2012-438 (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 2012-438, 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. 2012 -XX, 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. 7 Development Review No. PL2012438 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 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 2012-438 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 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. 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. 8 Development Review No. PL2012-438 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, 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. Prior to Building Permit issuance, an Erosion Control Plan shall be submitted concurrently with the drainage plan clearly detailing erosion control measures for review and approval. 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. 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. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE 1. Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the 9 Development Review No. PL2012-438 natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 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. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. All fencing shall be view obstructing with opaque surfaces. 6. 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. 7. 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. 8. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 9. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 10. The minimum design load for wind in this area is 85 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. 10 Development Review No. PL2012-438 11. 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). 12. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 14. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 15. Specify location of tempered glass as required by code. 16. Special inspections will be required in conformance to CBC 1704 to 1708. 17. A soils compaction report, soils letter, or addendum report is required. 18. 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. 19. AQMD notification is required at least 10 days prior to any demolition. 20. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 21. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 22. Carbon monoxide detectors are required in halls leading to sleeping rooms per CRC R315. 23. Door between garage and dwelling shall be solid -core 1-3/8" thick with self - closer or equal. 24. Structural design shall include connection for shear transfer from new roof in all areas of home to the existing wall system. END 11 Development Review No. PL2012-438 0 LEGEND Ll ,sN \ SIIR IIF[ SQ. FOOTAGE EXI5TM LNM6 ¢m I LOT cov RA � art a�W �PAm zee F m Wr[� �xweanvE SCOPE OF WORK FIDJLD FIRE DAMMED GARAGE AND ROOF RE7➢ALD RWF O'H' LNI 6 RWM G!%67WfGT 526 5D. FL ADD1i1DN S= AND LANDSCAPE PLANS .h. s (2) PINE TREE (REMOVE) TANERAC PINE q 161 d ER051ON OONTROL NOTE5 N 'D _ z f =os F`u°ig�G 0 3 rc 24121 ESAM APPLE VALLEY LA. 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It lA w Pred.1.11 mlma11B4 No mdkr til did, m. m mod., tk MN mllml. 24121 BAM APPLE VALID, LA 92.307 7rrO %3-qo &HAL �5GICA8afiWVLLOM DRAVM BY RUM C CKED BY RFM APPROVED BY SCALE: Ili -I' -o" PA/G.12 1 0 _ �ac4r!vY cls P lI PLANNING COMMISSION x;9 AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.2 MEETING DATE: October 23, 2012 CASE/FILE NUMBER: Development Review No. PL2012-265 PROJECT LOCATION: 21340 Running Branch Road, Diamond Bar, CA 91765 (APN 8714-021-005) PROPERTY OWNER: Shabbir and Hongmy Basrai 21340 E. Running Branch Road Diamond Bar, CA 91765 APPLICANT: Shabbir Basrai 21340 E. Running Branch Road Diamond Bar, CA 91765 Summary The applicant is requesting approval of a Development Review application to construct a 917 square -foot addition to the front of an existing 1,752 square -foot, single -story, single-family residence. The existing residence is a 1970s tract home with a flat concrete roof tile, exterior stucco, and vinyl windows. The proposed addition will maintain design consistency, appropriate in mass and scale to the site, and incorporate existing design elements compatible with the surrounding neighborhood. After evaluating the application, staff has determined that the proposed project complies with the City's development standards, and believes that the Development Review findings set forth in the Development Code can be made in the affirmative. Therefore, staff recommends that the Planning Commission approve Development Review No. PL2012-265, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description The project site is located on the south side of Running Branch Road, between Cotter Rim Lane to the west and Hawkwood Road to the east. In 1979, the property was developed under Los Angeles County standards with a 1,752 square -foot, single -story home with a two -car garage on a 16,250 gross square -foot (0.37 gross acres) lot. There are no protected trees on site. The property is legally described as Lot 82 of Tract No. 34160, and the Assessor's Parcel Number (APN) is 8714-021-005. Project Description The applicant requests approval to construct 917 square feet of additional living space, consisting of 118 square feet of floor area on the first floor and a new, 799 square -foot second -story. The first floor addition consists of a new double -door to an expanded entry area and stair casing. The second floor addition consists of a new family room, bedroom with closet, and a bathroom. All new windows will be vinyl, dual -glaze, low emissivity ("low -e") units to match the existing windows on the house. In addition, the homeowners are proposing to remove and replace the wood siding at the front elevation with stucco material to match the rear and sides of the building. The proposed addition will incorporate similar architectural features, fenestration patterns, colors and materials of the existing house. The existing height of the building is 19 feet. The proposed height of the addition is 24'-6", measured from the finished grade to the highest point of the roofline. Site and Surrounding General Plan Zoning and Land Uses Site Low Density RL Single -Family Residential Residential North Low Density RL Single -Family Residential Residential South Low Density RL Single -Family Residential Residential East Low Density RL Single -Family Residential Residential West Low Density RL Single -Family Residential Residential Development Review No. PL 2012-265 Page 2 of 7 ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.48) Additions to structures and reconstruction projects which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or projects having a substantial change to the appearance of an existing residence requires Planning Commission approval of a Development Review (DR) application. As stated in Section 22.48.010 of the Development Code, the DR process was established to ensure that new development and additions to existing development are consistent with the General Plan "through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character" of Diamond Bar. Development Review The following table compares the proposed project with the City's development standards for residential development in the RL zone (next page): Page 6 of Development Review No. PL 2012-265 As indicated in the table above, the proposed additions will not extend beyond the existing building setbacks. Site and Grading Configuration: The site is on an existing leveled pad with an uphill slope at the rear of the property. The addition is located towards the front of the property. Therefore, no grading is required for the proposed project. Minimal excavation will be required for footings and foundation placement for the new first floor area. Elevations: The residence is a 1970s tract home consisting of a hip and cross gable style with a flat concrete the roof, exterior stucco, and vinyl windows. The applicant is proposing to retain the existing building style. The proposed design will maintain architectural integrity by incorporating similar fenestration patterns, and match existing exterior colors and building materials. The roof of the proposed addition will be fully integrated with the existing roof by matching the hip roof style and pitch. The existing height of the building is 19 feet. The proposed second floor will add approximately 5 feet to the overall height of the house. The bulk of the addition is concentrated at the front of the house, above the garage, and will be set back 2 feet from the vertical columns along the corner edges of the garage. In addition, a horizontal roof element between the garage and second floor addition is proposed to reduce the vertical massing at the front elevation. Architectural interest is further added with a 12 -inch window projection on the second floor. Development Review No. PL 2012-265 Page 4 of 7 KofzTH E LEVATIOI',( Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City's Water Conservation Landscaping Ordinance. The ordinance would only apply if 5,000 square feet or more of the existing landscaped area was being altered. However, landscaping that is damaged during construction will need to be restored upon project completion. This requirement is included as a condition of approval. in addition, the homeowners constructed retaining walls at the front of the property without permits. Upon a field inspection by staff, the walls appeared to comply with maximum height requirements. A condition of approval is included requiring the applicant to submit plans and obtain building permits. Further, a condition of approval requiring the applicant to install adequate landscaping, which consists of shrubs and groundcover within the planter walls, is also included. Compatibility with Neighborhood The project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details of the neighboring existing tract homes. The applicant is proposing to maintain architectural integrity to the fagade of the residence by using similar types of materials used on the home. The project incorporates the principles of the City's Residential Design Guidelines as follows: The proposed addition will conform to all development standards, including building heights and setbacks, which is consistent with other homes in the neighborhood; Development Review No. PL 2012-265 Page 5 of 7 • The proposed addition is designed to minimize the negative impacts on surrounding homes. A transition between the project and adjacent properties is achieved through appropriate setbacks; • Large wall expanses are avoided; and • Placement and relationship of windows, doors, and other window openings are integrated with the building's overall design. Property Located to the East Additional Review Subject Property Property Located to the West The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On October 12, 2012, public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e)(2)(b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. Development Review No. PL 2012-265 Page 6 of 7 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Development Review No. PL 2012-265 based on the findings in DBMC Sections 22.48, subject to conditions of approval as listed within the draft resolution. Prepared by: Asue s ino Contr t Planner Attachments: Reviewed by: Gr S. Lee Senior Planner 1. Draft Resolution No. 2012 -XX and Standard Conditions of Approval 2. Site Plan, Floor Plan, and Elevations Development Review No. PL 2012-265 Page 7 of 7 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2012-265 TO CONSTRUCT A 917 SQUARE -FOOT ADDITION TO AN EXISTING 1,752 SQUARE -FOOT SINGLE FAMILY RESIDENCE ON A 0.37 GROSS ACRE (16,250 SQUARE -FOOT) LOT LOCATED AT 21340 RUNNING BRANCH ROAD, DIAMOND BAR, CA 91765 (APN 8714-021-005). A. RECITALS 1. The property owners/applicants, Shabbir and Hongmy Basrai have filed an application for Development Review No. PL2012-265 to construct a 917 square -foot addition to an existing 1,752 square -foot single-family residence, located at 21340 Running Branch Road, 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 16,250 square feet (0.37 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 Tract 34160 Lot 82. The Assessor's Parcel Number is 8714-021-005. 4. On October 12, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on October 12, 2012. 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 October 23, 2012, 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)(2)(b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 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 917 square -foot addition to the existing single family residence is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all required setbacks. The side setback and distance to the structures on the adjacent lot to the east and west will maintain the existing setbacks. in addition, a horizontal roof element between the garage and second floor addition is proposed to reduce the vertical massing at the front elevation. Architectural interest is further added with a 12 -inch window projection on the second floor. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2 Development Review No. PL2012-265 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. 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 architectural style of the home is 1970s tract design. The applicant is proposing to add floor area to the existing home while maintaining consistency with the current design. The project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details of the neighboring existing tract homes. There is no specific plan for this area. In addition, as previously mentioned in Section C.1 above, a horizontal roof element between the garage and second floor addition is proposed to reduce the vertical massing at the front elevation. Architectural interest is further added with a 12 -inch window projection on the second floor. 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 existing single-family home is a 1970s tract style. Consistent building elements have been achieved through the utilization of similar architectural features 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; and 3 Development Review No. PL2012-265 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)(2)(b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA guidelines. Based upon the findings and conclusion set forth above, the Planning Commission herebv aaproves 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 regarding this proposed project. 2. The applicant shall obtain building permits for the recently constructed walls located in the front setback area. 3. Landscaping consisting of shrubs and ground cover shall be planted within the planter areas in the front yard. 4. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail to the property owners, Shabbir and Hongmy Basrai, 21340 Running Branch Road, Diamond Bar, CA 91765. 4 Development Review No. PL2072-265 APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Jimmy Lin, Planning Commission 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 23`d day of October, 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Development Review No. PL2012-265 i ' vi fTl _I COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2012-265 SUBJECT: To construct a 917 square -foot addition to an existing single family residence on a 0.37 gross acre (16,250 square -foot) lot PROPERTY Shabbir and Hongmy Basrai OWNER(S): 21340 Running Branch Road Diamond Bar, CA 91765 APPLICANT: Shabbir and Hongmv Basrai 21340 Running Branch Road Diamond Bar, CA 91765 LOCATION: 21340 Running Branch Road Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 2012-265 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 Development Review No. PL2012-265 (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 2012-265, 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. 2012 -XX, 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 Development Review No. PL2012-265 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. PL 2012-265 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 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. 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. 8 Development Review No. PL2012-265 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, 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: rl�ei401=1Ne1I 1. Prior to Building Permit issuance, an Erosion Control Plan shall be submitted concurrently with the drainage plan clearly detailing erosion control measures for review and approval. 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. 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. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE 1. Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the 9 Development Review No. PL2012-265 natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. C. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 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. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. If no approval from the building inspector occurs, the permit is considered null and void. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. 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. 7. 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. 8. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 9. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 10 Development Review No. PL2012-265 10. The minimum design load for wind in this area is 85 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. 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). 12. All site areas that have a drop of over 30" shall be provided with a guardrail per CBC 1013 and a handrail is required at all steps/stairs with 4 or more risers and shall meet CBC 1012. 13. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 14. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 15. Indicate all easements on the site plan. 16. The project shall be protected by aconstruction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 17. Check drainage patterns with- Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Specify location of tempered glass as required by code. 19. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 20. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 21. A soils report is required and all recommendations of the soils report shall be adhered to. 22. 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. 23. AQMD notification is required at least 10 days prior to any demolition. 24. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 11 Development Review No. PL2012-266 25. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 26. Carbon monoxide detectors are required in halls leading to sleeping rooms per CRC R315. 27. Shoring for the existing roof structure shall be in-place during the demolition of the existing structure where existing bearing is removed. 28. Toilets shall be 1.28 gallons per flush. 29. AI habitable areas shall be arc -fault circuit interrupters. END 12 Development Review No. PL2012-265 I I CONC. SYMfaCLS �.. ' Vz! 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K K C� Q� G� K x U 0: r1 K 2 U a U C U U U N U m N N N a N V� y - - F m m - E E h U m m m m m m m d K a cl m oa _ ❑a- �vm o - i5 E.= i O O cmc O a c m- o f - O E O- E JCN Ea Epm o c� m cn m Oc8(L �>6 N m m"E ,mcN Qam. yc> . m 0o � o o Y m � 3 m �� Z m -' GU C m J G J C 4. �' ~ V U m (n m �- 0 U- O w C7 = c i_ J O M := t0 N U w U N U N N a y O N M'- K C N r 3 3 N st 'o N= -o m 'o v -o m 3 m y '''--' 3 ``-' 3 N d v 3 3 N =o m 3 0 0 o Z O N r N V"O 7- N' O 'O O N M 'p U N U N aZ M d m of N V' m NZ N -p NQ O N Nz r - N.M.ii. J a d N Z �Z NQ N Q NQ NQ N Z NQ aZ N NZ CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: On October 23, 2012, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar. California. Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On October 19, 2012, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 21810 Copley Drive Diamond Bar. CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar. CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 19, 2012, at Diamond Bar, California. l Stella Marquez / Community Development Department CD:\zstell a\affidavitposting. doc