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HomeMy WebLinkAbout09/13/2005 Next Resolution No. 2005-32 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday,September 13, 2005 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1.ROLL CALL: COMMISSIONERS:ChairmanJoe McManus,Vice-Chairperson Ruth M. Low, Dan Nolan, Tony Torng,Steve Tye 2. 2.1 PRESENTATION OF CITY TILE TO PLANNING COMMISSION SECRETARY, JAMES DESTEFANO. 2.2 PRESENTATION OF CITY TILE TO OUTGOING PLANNING COMMISSIONER STEVE TYE. 3.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. * * * * * * * * 4.APPROVAL OF AGENDA: Chairman 5.CONSENT CALENDAR: The following items listed on the consent calendarare considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 5.1Minutes of Regular Meeting: August 23, 2005. 6.OLDBUSINESS: None. 7.NEW BUSINESS: 7.1Planning Commission Policy and Procedures Manual - Review and Discussion, _________________________________________________________________________________________ SEPTEMBER 13, 2005PAGE2PLANNING COMMISSION _________________________________________________________________________________________ Recommendation: Planning Commission to direct staff how to proceed. 8.PUBLIC HEARING(S): 8.1Development Review 2005-26 Pursuant to Chapter 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of plans to construct an approximate 1,159square foot first and second floor addition to an existing 1,417 square foot one-story single-family dwelling on an existing .020 acre R-1 8,000 zoned parcelwith a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM). Project Address: 24347 Claywood Drive (Tract 42583, Lot 36; APN 8281- 041-051) Property Owner: Christopher and Debra Perrin 24347 Claywood Drive Diamond Bar, CA 91765 Applicant: Pro Builder/Kenn Coble 449 W. Allen Avenue, Suite 109 San Dimas, CA 91773 Environmental Determination: 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 under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: Staff recommends that the Planning Commission approve Development Review 2005-26, Findings of Fact, and conditions of approval as listed within the draft resolution. 9.PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: 10.STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1Public Hearing dates for future projects. 11.SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATIONThursday,September 22, 2005 - 7:00 p.m. COMMISSION MEETING:SCAQMD/Government Center _________________________________________________________________________________________ SEPTEMBER 13, 2005PAGE3PLANNING COMMISSION _________________________________________________________________________________________ Hearing Board Room, 21865 Copley Drive CITY COUNCIL MEETING:Tuesday,September20, 2005 - 6:30 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive TRAFFIC AND Thursday,October 13, 2005 - 7:00 p.m. TRANSPORTATIONSCAQMD/Government Center COMMISSION MEETING:Hearing Board Room - 21865 Copley Drive PLANNING COMMISSIONTuesday,September 27, 2005 - 7:00 p.m. MEETING:SCAQMD/Government Center - Auditorium 21865 Copley Drive 12.ADJOURNMENT: South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman MTM - Ruth M. Low Dan Nolan Tony Torng Steve Tye I Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 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. In an effort to comply with the requirements of Title 11 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 Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. The City of Diamond Bar uses recyclea paper Please refrain from smoking, eating or and encourages you to do the same drinking in the Auditorium City of Diamond Bar Planning Commission 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 and Development Services 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. Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infoCa)-ci.diamond-bar.ca.us Next Resolution No. 2006-32 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 13, 2005 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice -Chairperson Ruth* M. Low, Dan Nolan, Tony Torng, Steve Tye 2. 2.1 PRESENTATION OF CITY TILE TO PLANNING COMMISSION SECRETARY, JAMES DESTEFANO. 2.2 PRESENTATION OF CITY TILE TO OUTGOING PLANNING COMMISSIONER STEVE TYE. 3. 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. 4. APPROVAL OF AGENDA: Chairman 5. 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: 5.1 Minutes of Regular Meeting: August 23, 2005. 6. OLD BUSINESS: None. 7. NEW BUSINESS: 7.1 Planning Commission Policy and Procedures Manual - Review and Discussion, Recommendation: Planning Commission to direct staff how to proceed. SEPTEMBER 13, 2005 .1 D1 "I W PUBLIC HEARING(S): PAGE 2 PLANNING COMMISSION 8.1 Development Review 2005-26, Pursuant to Chapter 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of plans to construct an approximate 1,159 square foot first and second floor addition to an existing 1,417 square foot one-story single-family dwelling on an existing .020 acre R-1 8,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM). Project Address: 24347 Claywood Drive (Tract 42583, Lot 36; APN 8281- 041-051) Property Owner: Christopher and Debra Perrin 24347 Claywood Drive Diamond Bar, CA 91765 Applicant: Pro Builder/Kenn Coble 449 W. Allen Avenue, Suite 109 San Dimas, CA 91773 Environmental Determination: 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 under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: Staff recommends that the Planning Commission approve Development Review 2005-26, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION Thursday, September 22, 2005 - 7:00 p.m. COMMISSION MEETING: SCAQMD/Government Center, Hearing Board Room, 21865 Copley Drive SEPTEMBER 13, 2005 PAGE 3 PLANNING COMMISSION CITY COUNCIL MEETING: TueidMi, %ptember 20, 2005 - 6:30 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: Ii U V if 4 1 A i Thursday, October 13, 2005 - 7:00 p.m. SCAQMD/Government Center Hearing Board Room - 21865 Copley Drive Tuesday, September 27, 2005 - 7:00 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive File -,{r iiape • 2 and is •. canEino M I INUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 23, 2005 Chairman McManus called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. 1. ROLL CALL: 3. El 5. 6. Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and commissioners, Dan Nolan, Tony Torng and Steve Tye. Also present: Ann Lungu, Associate Planner and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of July 112, 2005. VC/Low moved, C/Torng seconded to approve the Regular Meeting Minutes for July 12, 2005 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: None NEW BUSINESS- None VC/Low, Torng, Tye, Chair/McManus None Nolan None AUGUST 23, 2005 7. PUBLIC HEARING(S): DRAFT PAGE 2 PLANNING COMMISSION 7.1 VARIANCE NO. 2005-02: In accordance with Code Section 22.54 this was a request to construct two retaining walls with a maximum exposed height of 10 feet and 10 feet two inches within the rear yard. The purpose of the retaining was to repair a slope failure and hold the slope in place. PROXECT ADDRESS: M 0 1Fil W Sul M IMAI Oki 23929 Ridgeline Road Diamond Bar, CA 91765 Edward Layton 23929 Ridgeline Road Diamond Bar, CA 91765 AssocP/Lungu presented staffs report and recommended that the Planning Commission approve Variance No. 2005-02, Findings of Fact and conditions of approval as listed within the draft resolution. VC/Low asked where the walls would be placed within the property and where the slopes were located in relationship to the perimeter of the property. AssocP/Lungu used an aerial map to respond to VC/Low. VC/Low asked if any trees would be impacted as a result of the walls. AssocP/Lungu responded that a Walnut tree was destroyed because of excessive mud. However, n this instance the property owner was exempted pursuant to the Development Code Standards for loss of that tree. There are other trees on the slope that Mr. Layton planted and to her knowledge there were no protected trees in the immediate area. C/Tye said that in his opinion the aerial photo was so old that it did not reflect the current conditions. Having visited the site today he witnessed that the slide had destroyed all vegetation down to bare stem and it did not appear that any trees would be impacted where the property owner planned to construct the walls. He said that it was obvious to him that the two geogrids would be landscaped C/Torng felt that a 10 foot wall was very tall and wondered if the thickness would be increased to adjust to the height of the wall. He wanted to know the details of the landscape plan. AssocP/Lungu stated that staff brought this matter to the Planning Commission as quickly as possible for action because of the urgency of the situation. As it has been done in the past, staff conditioned the resolution for the applicant to submit landscape/irrigation plans and called for the use of plant material that would help stabilize the slope to an even greater extent. Before permits are issued the property owner is required to submit the landscape plan for staffs review AUGUST 23, 2005 PAGE 3 PLANNING COMMISSION and approval. With respect to the 10 foot wall, the soils report is being reviewed. Mr. Layton received comments and with approval of the soils report the walls would be structurally plan checked by the city's Building and Safety division. In addition, there will be inspections, grading permits, and a grading plan that must be approved prior to construction. Edward Layton, property owner, responded to C/Torng that this was a geogrid system and as such the wall outside of height and crushing weight of block on top of block had nothing to do with holding the dirt back. The wall was intended only to keep it from unraveling with water flowing over it. The geogrid that goes down into the soil on two -foot levels is what holds the fill in place and there are three different qualities of rock that are used in the fill. Mr. Layton said that what matters is not the thickness of the wall but how it goes back into the geogrid. Mr. Layton responded to C/Nolan that this was the first time in 25 years of living at the property that he has had this type of a problem. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Nolan moved, C/Tye seconded to approve Variance No. 2005-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tye, Torng, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTSIINFORMATION ITEMS: C/Torng said his friends who live in the 91789 zip code area are very pleased about being incorporated into the City of Diamond Bar and zip code 91765. C/Nolan said it was good to be back in the flow of things and looked forward to the Commission having a productive Fall. C/Tye asked what was occurring with the Chary Dagarn project on 22604 Ridgeline. AssocP/Lungu responded that the applicant had been allowed to work on certain D T AUGUST 23, 2005 PAGE 4 PLANNING COMMISSION area of the residence that were not affected by items staff would be bringing back to the Commission for further consideration. Staff is waiting for the applicant to provide the City with sets of plans that reflect the actual setbacks as the property was surveyed, payment of additional fees, and a grading and site plan that match each other. C/Tye asked if the increased front yard setback caused the project to encroach on an area in the rear. AssocP/Lungu responded that in the basement area store rooms were added that were not included in the plans and it added about 1200 square feet to the size of the house. The rear yard setback might encroach further into the rear area but she would have -to check it to make sure. A land surveyor surveyed the height because it appeared the elevations had changed from what was shown on the grading plan. However, the survey indicated that the height does not exceed the 35 feet from the natural or finished grade for the entire perimeter of the house. 9. STAFF COMMENTS/INFORMATION ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 7:30 p.m. Respectfully Submitted, James DeStefano, Assistant City Manager Attest: Joe McManus, Chairman 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 8.1 MEETING DATE: September 13, 2005 REPORT DATE-: September 6, 2005 CASE/FILE NUMBER- Development Review No. 2005-26 PROJECT LOCATION: 24347 Claywood Drive (APN: 8281-041-051, Lot 36, Tract 42583) APPLICATION REQUEST: A Development Review to construct an approximate 1, 159 square foot first and second floor addition to an existing 1,417 square foot one-story single-family house to total approximately 2,630 square feet of habitable space. The project also proposes to maintain the attached two -car garage and two covered patios. PROPERTY OWNERS: Christopher and Debra Perrin, 24347 Claywood Drive, Diamond Bar, CA 91765 APPLICANT: Pro Builder, 449 W. Allen Avenue, Suite 109, San Dimas, CA 91773, Attention: Kenn Coble STAFF Approve RECOMMENDATION: DR 2005-26 - PAGE 1 The property owners, Christopher and Debra Perrin, and Applicant, Pro Builder (Kenn Coble), request Development Review No. 2005-26 approval to construct an approximate 1,159 square foot first and second floor addition to an existing 1,417 square foot one-story single-family house. The lot is rectangular in shape with a lot size of 8,583 square foot (.20 acre), and zoned Low Medium Residential District (RLM, R-1 -8,000). The proposed project consisted of a 413 square foot first floor addition to the rear of the dwelling, and a 746 square foot second floor addition. ANALYSIS: 0 LO C. Review Authority The proposed addition exceeds 50 percent of the existing habitable floor area, which requires a Development Review by the Planning Commission per the City's Municipal Code (DBMC), Section 22.48.020.a.1. The Planning Commission's review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. Site and Surrounding Uses General Plan designation — Low Medium Residential (RLM), maximum 5 Dwelling Unit/Acre Zoning — Low Medium Residential (RLM = R-1-8,000) Minimum Lot Size 8,000 Square Feet; Single Familv Residence Surrounding Zones and Uses — Low Medium Residential (RLM = R-1-8,000) and single family uses surround the site Development Standards The following comparison below shows that the proposed project meets the City's Development Standards: Development Feature RLM - Building Standards Proposed Meets Requirements Minimum Lot Area 8,000 S.F. 8,583 S.F. Yes Residential Density I Single Family Unit; 1 5 per gross acre 1 Single Family Unit Yes Front and setback 1 20 feet 22 feet Yes DR 2005-26 - PAGE 2 d Side yard 10 feet & 5 feet 15 feet & 8 feet Yes setbacks Side yard minimum between structures on 15 feet Meets 15 feet Yes ad'oinin arcels Rear setback 20 feet 25 feet Yes Buildin Height Limit 35 feet maximum 21 feet Yes As required by Two story on existing Hillside Development Chapter 22.22 created pad Yes Hillside Mgt.) Retaini,ng Wall Maximum Height 6 feet Meets 6 feet Yes As required by Landscaping Chapter 22.24 Meets requirements Yes (Landscaping) 2. in fully enclosed Minimum Yes Parking garage (20'X20') 2 -car garage Meets 20 feet Maximum 20 feet to maximum width and 12 Driveway Width garage and 12 feet feet extension, and Yes extension; landscape front yard equals more 50% than 50% landscaping Lot Coverage 40% Appx. 4% Yes Preserved/Protected Less than one-half Exempt, and no trees to Yes Trees acre lots - exempt be removed �I D. The Proposed Addition to the Single Family Residence 1. Architectural Features and Colors: The design of the existing house and the proposed addition has a contemporary look. The materials for the addition are compatible to existing house, which include stucco walls, river rock accents at the building corners, grey concrete tile roof, aluminum frame windows, and wood siding trim pieces. The home will maintain its earth tone shades (white and beige), but added a primary color (green) for emphasis. 2. Floor Plans: The existing single story house contains three bedrooms and two bathrooms in 1,471 square feet. The proposed addition will include a 413 square feet to the first floor by reconfiguring and extended master and adjacent bedrooms. The second floor area will provide for a new master bedroom, bathroom, walk in closet and study in 746 square feet. The resulting home will have four bedrooms, three bathrooms, living room, kitchen, family room and attached two car garages in 2,630 square feet of habitable space. The site will also maintain the two covered patios in the rear yard area. DR 2005-26 - PAGE 3 3. Site Work: a. Soils Report A soils report is required to reference the main structure suitability for the first and second floor addition. b. Grading/Drainage A grading and a drainage plan are required per Municipal Code Sections 22.16.030 and 22.28. c. Retaining Walls The existing retaining wall located along the rear of the property will not be modified or impacted by the proposed development. d. Sewer and Water Systems The applicant is required to verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed addition to the existing single family residence will be approved. The applicant is also required to submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior- to the issuance of building permits. 4. Landscaping: A landscape plan is not required for the project because the front and rear yard is currently landscaped and the resulting development to the rear of the structure will not have a negative impact. E. General Plan/Design Guidelines/Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses. Based on the above review, staff finds the application is consistent with the General Plan, Municipal Code Standards, and City's Design Guidelines and compatible with the neighborhood. F. Covenant and Agreement The owners are required to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form with the Los Angeles County Recorder's Office prior to building permit issuance. G Additional Review The Public Works Division and the Building and Safety Division reviewed the project and their comments are included in the Resolution as conditions of approval. DR 2005r26 - PAGE 4 On August 30, 2005, 118 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On September 2, 2005, the project's public hearing notification was published in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 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 under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. elm Staff recommends that the Planning Commission approve Development Review No. 2005- 26, Findings of Fact, and conditions of approval, as listed within the attached resolution. Prepared by: Milan L. Garrison LDM Associates, Inc., Consulting Planner ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial Photograph; 4. Site Photographs; 5. Exhibit "A".7 site plan, floor plan, elevations, and roof plan dated September 13, 2005. - DR 2005-26 - PAGE 5 PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BARAPPROVING DEVELOPMENT REVIEW NO. 2005-26 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN APPROXIMATE 1,159 SQUARE FOOT FIRST AND SECOND FLOOR ADDITION TO AN EXISTING 1,417 SQUARE FOOT ONE-STORY SINGLE- FAMILY HOUSE, LOCATED AT 24347 CLAYWOOD DRIVE (LOT 36, TRACT NO. 42583), DIAMOND BAR, CALIFORNIA — APN 8281-041-051 AND MAKING FINDINGS IN SUPPORT THEREOF. 1. RECITALS A. The property owner, Christopher and Debra Perrin and the applicant, Pro Builder (Kenn Coble) have filed an application for Development Review No. 2005-26 and categorical exemption for a property located at 24347 Claywood Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." B. On August 30, 2005, public hearing notices were mailed to approximately 118 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On September 2, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. C. On September 13, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. D. All legal prerequisites prior to the adoption of this Resolution have occurred. 11. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. B. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) (New Construction or Conversion of Small Structure) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: I The project site is located at 24347 Claywood Drive (Lot 36, Tract No. 42583). According to the Tract Map, the project site is a rectangular shaped parcel with approximately 8,583 square feet of lot area. The Tract Map does not indicate any easements, flood hazard areas or restricted use areas. 2. The project site has a General Plan land use designation of Low Medium Density Residential (RLM) Maximum 5 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. 4. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-8,000 Zone. 5. The Application request is to construct an approximate 1,159 square foot first and second floor addition to an existing 1,417 square foot one-story single-family dwelling to total approximately 2,630 square feet of habitable space. E. Development Review 1 The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). 2 The project site is an existing developed site currently occupied by a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for development within this zoning district and is consistent with other development within the immediate area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural, style (Contemporary) and construction materials, which are compatible with the eclectic architectural styles, colors, and material of other homes within vicinity. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is an existing developed single-family residential parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Claywood Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. 3. The architectural design of the proposed development is compatible with* the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable 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 91 neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Contemporary" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the established neighborhood character and aesthetic value. 5. The proposed project 'will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in. this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be 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 environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independent judgment of the City of Diamond Bar. F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 1 The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on September 13, 2005, and as amended herein. 2. 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 granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste 0 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 utilized has obtained permits from the City of Diamond Bar to provide such services. 3. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 4. The single-family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 5. The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 6. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. A construction fence must protect the site. 7. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 8. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 9. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 5 10. The single-family structure is located in High Fire Zone and shall meet the all requirements for such zone. 11. This single-family structure shall meet the State Energy Conservation Standards. 12. Any retaining wall permits shall be obtained from the Engineering Department. 13. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 14. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 15. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMPs) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 16. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 17. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and N. (d) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. 18. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 19. All utility service to the proposed project shall be installed underground. 20. In accordance with the Department of Fish and Game Section 711.4, the applicant shall remit to the City, within five days of this grant's approval, a cashiers check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. 21. This entitlement is valid for two (2)years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically expire. A one .(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 22. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. G. 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 Christopher and Debra Perrin, 24347 Claywood Drive, Diamond Bar, CA 91765 and Pro Builder, 449 W. Allen Avenue, Suite 109, San Dimas, CA 91773, Attention: Kenn Coble 0 APPROVED AND ADOPTED THIS THE 13TH DAY OF SEPTEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe McManus, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th of September 2005, by the following vote: YES: A /"% I Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: James DeStefano, Secretary 1.1 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attn: Deputy City Manager COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. DR 2005-26 The undersigned hereby certify that Christopher and Debra Perrin is/are the owner(s) of the hereinafter described real property located at 24347 Clavwbod Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 36 of Tract Map No. 42583 Assessor's Book and Parcel Number: 8281-041-051 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. M- 0 7REMM STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 1 200 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ie§), and that by signature(s) on the. instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 5 rs i � v fiy0, + ROR }' eN All14 Avg N�. 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Arum Ave. Ste- 109 San Dmm% CA. 91773 (909) 305-9 44 SAX (909)305-9445 �•_tp- 36'-414" 23'-7' L5'-7' 4'-8'L 5'-0" W-174' 27'-3' it a a b 2•_p- 13'-774" s m e 4 - g'�Yy' i ppuvm i 0] � cx 8{ rF Q 24'-S- 75'-274' 32'-7' 13'-3Yi t 9'-3Yi ® T.f a�.a^ r,r •sa �� 0 - — I PROPOSED FLOOR PLAN RE5IDENTIAL ADDITION wx *. � 'u CtA. rW we PRoBLTILDER 449 W. Arum Ave. Ste- 109 San Dmm% CA. 91773 (909) 305-9 44 SAX (909)305-9445 cn n r m 0) n 6 00 c C R r R D c 2 L 0 a�'pe m Q" ELVATIONS 4 g Ro I- � � ?ESIDENTIAI ADDITION "s CLC 449 W. Alen Ave. Ste. 109 San Dimas, CA. 91773 U) Q zu+�a/ae000 oz oweoxn er« rl sluts (909) 305-9144 FAX (909 '),�C)5-9445 NI (C) GARACE RAA s (C) FAMILY ROOM (N) SMM FLOOR ADOMON PflOPOSED ROOF PLAN R I T31DENTIAL ADDITION —..M. PO6tlN —47 CLA\ M PRoBUILDER 4413 W. Men Ave. 5t,-- 109 -Iwn Dm=, CA. 91773 (309) 305--"444 FAX (909)305-9445 a — ffirc 0 I Vr VATC I PROPOSED ROOF PIAN j 4347 CLA� 0 -9445 �DM.�017- 3O5—A44 RESIDENTIAL ADDITION PRoBUILDER > 2 449 W. 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No or . -< ss Ma1'Corporate Acct Ho .. Postal Service Acct.No. U9 9L w: (PLEASEPR11" PHONE( ': _ t "- '. TO: iPLF.ASE P.HINT) PHONE..I .) . ' r'Ul rii.tl4 L*�_BAP , ' . .'r.. � ' f ,t?[ �,-r. r,-.! t r.: f"� IS 25 -,C FLEY.,D4T7F M& ND B.*c 9 7.6i— 1,78 L J: ZIP+4 .._ . ;. .,. . . 4• _ JEl 1_1 17 El 1:1+ETEJi.FJ.+.., NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On September 13, 2005, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center - Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On August September 8, 2005, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on September 13, 2005, was posted at the following locations: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 8, 2005, at Diamond Bar, California. Stella Marquez Community and Develoent Services Department g:\\affidavitposfing.doc