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HomeMy WebLinkAbout02/9/2010PLANNING FILE COPY COMMISSION AGENDA February 9, 2010 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Steve Nelson Kwang Ho Lee Kathleen Nolan Jack Shah 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 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. 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 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title Il 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. I'I �: LID Please refrain from smoking, rating 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: infop_ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, February 9, 2010 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2010-03 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 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 recordina Secretary (completion of this form is voluntarv). 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: January 26, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review and Minor Conditional Use Permit No. PL2009-48 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.63.030, the applicant is requesting approval for the following improvements: • Exterior renovation to the front of the home; • 1,990 square -foot first floor addition; ® 244 square -foot second floor addition; and ® 127 square -foot third floor addition FEBRUARY 9, 2010 8 PAGE 2 PLANNING COMMISSION AGENDA The Minor Conditional Use Permit is being requested due to the expansion of a nonconforming structure because of a nonconforming side setback. The subject property is zoned RR (Rural Residential) with a consistent underlying General Plan Land Use designation. (Continued from January 26, 2010) PROJECT LOCATION: 23240 Ridge Line Road (APN 8713-012-018) PROPERTY OWNER/ David Li APPLICANT: 23240 Ridge Line Road Diamond Bar, CA 91765 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 from the provisions of Article 19 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. No further environment review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review and Minor Conditional Use Permit No. PL2009-48, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PUBLIC HEARING(S): 8.1 Development Review and Minor Conditional Use Permit No. PL2009-54 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant is requesting approval for the following improvements: • 238 square -foot addition to the front of an existing 1,463 square -foot single- family residence A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming front setback of 19'-0" (20 -feet is required), a side setback of 5'9" (10 -feet is required) and the building separation of 13'-4" (15 - feet is required). The subject property is zoned RLM (Low -Medium Density Residential) with a consistent underlying General Plan Land Use designation. PROJECT LOCATION: 22432 Falconburn Way (APN 8293-013-016) FEBRUARY 9, 2010 PROPERTY OWNER: APPLICANT: PAGE 3 PLANNING COMMISSION AGENDA Rohit and Hetal Patel 22432 Falconburn Way Diamond Bar, CA 91765 Javier Camorlinga 5655 Dover Street Chino, CA 91710 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 from the provisions of Article 19 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. No further environment review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review and Minor Conditional Use Permit No. PL2009-54, 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: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: 10. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PRESIDENTS' DAY: CITY COUNCIL MEETING: Thursday, February 11, 2010 - 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Monday, February 15, 2010 City offices will be closed in observance of the holiday. City offices will re -open on Tuesday, February 16, 2010 Tuesday, February 16, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive FEBRUARY 9, 2010 PAGE 4 PLANNING COMMISSION AGENDA PLANNING COMMISSION Tuesday, February 23, 2010 — 7:00 p.m. MEETING: Government Center/SCAQMD Auditorium 21865 Copley Drive PARKS AND RECREATION Thursday, February 25, 2010 COMMISSION MEETING: Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive 11. ADJOURNMENT: E ®RAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 26, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan and Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. INTRODUCTION OF SENIOR PLANNER GRACE LEE. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 4. APPROVAL OF AGENDA: As presented. 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting of January 12, 2010. C/Nolan moved, C/Shah seconded, to approve the Minutes of the Regular Meeting of January 12, 2010 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 6. OLD BUSINESS: 7. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Lee, Nolan, Shah, VC/Nelson, Chair/Torng None None JANUARY 26, 2010 PAGE 2 8. PUBLIC HEARINGS: h PLANNING COMMISSION 8.1 Conditional Use Permit and Development Review No. PL 2009-56— Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Reliant Land Services, representing AT&T requested approval to co -locate six antennas onto an existing cell tower. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 3338 Diamond Canyon Road (APN 8269-011-026) Diamond Bar, CA 91765 Diamond Christian Church 3338 Diamond Canyon Road Diamond Bar, CA 91765 Reliant Land Services 1594 N. Batavia Street Orange, CA 92867 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit and Development Review No. PL 2009-56, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Richard Ambrosini, Reliant Land Services, thanked PT/Tobon for her report that represented what AT&T can do in working with cities to provide the much-needed infrastructure for telecommunications service and providing for a well-designed and coordinated site. He responded to Chair/Torng that he read staffs report and concurred with the conditions of approval. C/Shah asked if the tower was to be painted green and who would maintain the color. Mr. Ambrosini responded that that stipulation is included in the lease and lease resolution with the tower owner that is managed by American Tower. Mr. Ambrosini said the tower would be painted every two years and graffiti would be removed with all due haste in accordance with the lease. JANUARY 26, 2010 PAGE 3 PLANNING COMMISSION CDD/Gubman thanked C/Shah for his observation because the condition addresses painting but does not address maintenance. He suggested that the Commission's motion include additional language to Condition 1) to wit: "That the tower shall be painted and maintained a dark green color." Mr. Ambrosini pointed out that this tower is a co -location. American Tower is the owner and they have been managing and maintaining this tower for several years since its construction. There are two other carriers currently sharing the tower and all co -locators share in its maintenance. C/Nolan asked why a coverage map was not included in the Commissioner's packets. CDD/Gubman responded that normally that information is included in the packet and this time it was not. ACANVohlenberg stated that normally coverage maps are provided to address concerns about placement or aesthetics of the tower and evidence that the applicant must have that tower at that location in order to. enter the wireless market and serve their customer. In this situation it is less relevant because the tower is in existence and the aesthetics have been considered. This application speaks to adding additional panels to an already existing tower which excludes additional sites. CDD/Gubman pointed out that a standard condition regarding graffiti removal is included in the resolution on page 11, Item No. 10. VC/Nelson again thanked staff for providing before and after visual simulations. It is very apparent that this project will not noticeably alter this facility. C/Lee asked if the City could enforce graffiti removal on private property and CDD/Gubman responded that within the City's Municipal Code are property maintenance standards that specifically regulate the exterior appearance of private property. C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit and Development Review No. PL2009-56, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the modification to Condition 1 that the applicant will maintain the proposed dark green color. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Shah, Nolan, VC/Nelson, Chair/Torng None None JANUARY 26, 2010 PAGE 4 EDRAFT PLANNING COMMISSION 8.2 Development Review No. PL2009-48 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval for the following improvements: • Exterior renovation to the front of the home; • 1,990 square -foot first floor addition; • 244 square -foot second floor addition; and • 127 square -foot third floor addition The subject property is zoned RR (Rural Residential) with a consistent underlying General Plan Land Use designation. PROJECT LOCATION: PROPERTY OWNER/ APPLICANT: 23240 Ridge Line Road Diamond Bar, CA 91765 David Li 23240 Ridge Line Road Diamond Bar, CA 91765 CDD/Gubman stated that due to the applicant's failure to post the site with a public hearing notice as required at least 10 -days prior to the hearing, staff is requesting that this matter be continued to the Commission's next regular meeting in order to give the applicant the opportunity to have the site posted as required. Chair/Torng opened the public hearing. There was no one present who wished to speak on this matter. VC/Nelson moved, C/Shah seconded, to continue the public hearing for Development Review No. PL2009-48 to February 9, 2010. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, Nolan, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: All Commissioners welcomed SP/Lee. JANUARY 26, 2010 PAGE 5 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. PLANNING COMMISSION CDD/Gubman reported that at its January 19 meeting the City Council approved the entertainment ordinance. Staff was directed to report back to the Council in 30 days to provide information for possible ways to make the ordinance less restrictive. CDD/Gubman said he had no new updates on the NFL Stadium project. If there is a team announcement the project will commence in 2010 or 2011. If an announcement, is made in the very near future, a team will come to the area for the fall season and temporarily play at the Coliseum and/or Rose Bowl during construction. CDD/Gubman stated that Diamond Bar, City of Industry and Caltrans are studying preliminary designs and golf course design modifications to accommodate the Grand Avenue interchange improvements for which an Environmental Impact Report is currently being prepared. The interchange improvements would require removal of approximately eight acres of the existing golf course property and the requirement will be to make the golf course whole again with the reconfiguration of areas near the new Grand Avenue ramps. There is some unused/underutilized acreage on the golf course property that can now be brought into use to reconstruct some of the greens and fairways that would be impacted by freeway reconstruction. The Parks Preservation Act requires that if public parkland is being removed for something such as highway improvements, there shall be no net loss of the parkland after the project. Therefore, Caltrans will be required to provide eight acres of public park/recreation/open space to make up for the acreage that encompasses that portion of land removed from that portion of public recreation land use realm. The City will be watching this project closely and will recommend that replacement acreage be within Supervisor Knabe's district and within the east San Gabriel Valley area and preferably within the City of Diamond Bar. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JANUARY 26, 2010 PAGE 6 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:48 p.m. The foregoing minutes are hereby approved this 9th day of February, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 -FAX (909) 861-3117—www.Ciryofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: February 9, 2010 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL 2009-48 PROJECT LOCATION: 23240 Ridge Line Drive, Diamond Bar CA 91765 (APN 8713-031-006) APPLICATION REQUEST: To construct a 2,361 square foot, three story addition to an existing 5,148 square foot four level single family residence on a net 30,060 square -foot (0.69 acres), Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential. A Minor Conditional Use Permit is requested to allow the continuation of an existing 7'-5" side setback (15' setback is required). PROPERTY OWNER: David Li 23240 Ridge Line Drive Diamond Bar, CA 91765 APPLICANT: David Li and Associates 1000 San Gabriel Blvd. #208 Rosemead, CA 91770 STAFF RECOMMENDATION: Approve subject to conditions BACKGROUND: The property was developed in 1987 under Los Angeles County standards with a 5,141 square -foot, two-story single family residence on a 30,060 net square -foot (0.69 acres) lot. The site is located in The Country. A Restricted Use Area (RUA) is located at the rear portion of the lot. The site is legally described as Lot 103 of Tract No. 30091, and the Assessor's Parcel Number (APN) is 8713-031-006. Site and Surrounding General Plan, Zoning and Uses �RR �! I Project Location DR & MCUP #PL 2009-48 Page 2 of 7 Plan '�':'., �'. 1 •. Site General Designation Rural Residential Zoning District RR Land Use Single Family Residential North Rural Residential RR Single Family Residential South Rural Residential RR Single Family Residential East Rural Residential RR Single Family Residential West Rural Residential RR Single Family Residential �RR �! I Project Location DR & MCUP #PL 2009-48 Page 2 of 7 '�':'., �'. 1 •. }jai. Yj ,.r�� N,1i'.�,��. �RR �! I Project Location DR & MCUP #PL 2009-48 Page 2 of 7 ANALYSIS: Review Authority (Diamond Bar Municipal (DBMC) Code Sections 22.48 and 22.56 An addition that results in a substantial change to the appearance of an existing residence requires Planning Commission approval of a Development Review (DR) application. Changes to an existing nonconforming structure require the approval of a Minor Conditional Use Permit (MCUP) by the hearing officer. Because the DR application requires Planning Commission approval, the Planning Commission is reviewing the MCUP. Approval of a DR and a MCUP is required to ensure compliance with the City's general plan policies, development standards, and design guidelines to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Proiect Description The applicant requests approval to construct a three level addition to an existing single family residence. The new addition will result in a renovation of the front exterior of the residence, and consists of the following: ■ Lower Floor Plan (Basement): Construction of a 1,990 square -foot living area including a new elevator. The living area is an addition to existing non -livable areas that support the upper floors of the existing residence. • Middle Floor Plan (Second Floor): Addition of 244 square feet to the existing 3,287 square -foot living area. The new addition includes a new elevator, the expansion of a guest room, the construction of a new bathroom, and the construction of a 28' uncovered deck. ■ Upper Floor Plan (Main/Street Level): Addition of 127 square feet to the existing 1,861 square -foot living area for a new elevator and the expansion of the entry area. Single family residential homes in Rural Residential (RR) zones are required to have side setbacks of fifteen (15) feet on one side and ten (10) feet on the other side. The existing building is nonconforming due to nonconforming setback T-6" on the west side of the property. DR 8, MCUP PL_ 2009-48 Page 3 of 7 Development Review The following table compares the proposed project with the City's development standards for residential development in the RR Zone. 30 feet — - 30 feet j 15 feet on one side and 20'-0" -- east side 10 feet on the other side. 7'- 5" - - west side 1 25 feet i 190'-0" •- east side 1111 90'4' - west side - -- - - -- - --- i - --- -- - - 25 feet from building pad 28'**` - -- _ - Maximum of 30% 9% 26 feetI Yes* 20'-0" - cast side No`* 7'-T -- west side 190'-0" - east side Yes 90'-0" -- west side Yes 14%, I Yes J. 35 feet 34' 1 34' Yes i-- 501%, of front yard - 71.5% 1 71.5% - - I Yes L -i 2 -car garage 3 -car garage I 3 -car garagei L * Front porches are permitted to encroach into the required front setback area a maximum of 6 feet **Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure. *** See section under "Compliance with Hillside Management" on page 5. Yes Site and Grading Configuration: The site is level with the street in the front yard, and then steeply slopes down. The applicant stated that the proposed project will require 109 cubic yards of cut and 102 cubic yards of fill, resulting in a total of 7 cubic yards of material being exported from the site. Elevations: The exterior renovation and addition incorporates details from the Italian Renaissance period. This architectural style consists of concrete tiled roof, overhangs with large rafter tails, classical columns, and arched doorways and windows. The applicant provided color samples that call out neutral colors to soften the building's visual impact and blend in with the natural landscape of earth tones. A decorative band shall be added to the south and east side of the building where an extensive staircase will be removed. The band shall match the details of the proposed front fapade. DR & MCUP #PL 2009-48 Page 4 of 7 Landscaping: The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." The proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The submitted site plan shows the existing landscape currently in place. Any future landscaping will be required to comply with the Fire Department's regulations and guidelines. Easements: A 13,500 square -foot RUA is located at the south end of the property. The proposed addition is located approximately 85 feet from the easement and will not affect it. Compliance with Hillside Management (DBMC Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management design guidelines and regulations. Section 22.22.120(a)(1) of the DBMC establishes a height limit of 35 feet as measured from the finished grade to the highest point of roofline. The addition is terraced on three floors to reduce the building bulk. Pursuant to 22.22.120(b)(4), it is encouraged to "use roofs on lower levels for open space decks for upper levels." The applicant uses the roof of the first floor as an uncovered deck area. Because the deck is uncovered, the deck functions as an open space area, raised above the ground. The deck also reduces the massive roof areas and breaks up the massing of the building to lessen the visual impact on the hillside. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the existing residence and surrounding community. The proposed project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of the City's Residential Design Guidelines as follows: ® The proposed addition will maintain the existing, original nonconforming side setback, and will not further encroach into the existing setbacks; ® The building height will remain the same. The addition to the home is being added to existing levels; ® The proposed addition will be located in the front and the rear of the home. The proposed landscaped area in the rear of the home is shown on the proposed site plan. ® There are no new windows proposed to the front of the home. Two windows will be removed from the front of the building. All of the proposed windows in the rear of the home will match the existing windows. D P, ` MICU P #Pi_ 2009-A8 Page 5 of 7 Below are photos of the neighboring house to the east, and the existing project site. The lot to the west of the project site is a reverse corner lot. Therefore, directly west of the project site is the rear portion of the west neighboring lot. Adjacent Home to the East Minor Conditional Use Permit Project Site A MCUP is required because of an existing nonconforming side setback. According to the development standards, the side setbacks should be 10' on one side and Won the other. Currently, the setbacks are 20' to the east property line and 7'-5" to the west property line. The City recognizes that property owners should be allowed to have an addition or improvements to their properties, even with nonconformities. Therefore, the City has established the MCUP process for such additions, subject to the findings set forth in the Development Code. Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: The existing dwelling was built in 1987, prior to the incorporation of the City of Diamond Bar; • The proposed addition will maintain the existing nonconforming side setback of 7' - The proposed addition will not further encroach into the existing separation between buildings of 190' on the east side and 90' on the west side; and ® By maintaining the existing nonconforming setbacks, the proposed project is consistent with other homes within the neighborhood. Additional Review DR 81^ MCUP #PL 2.009-48 Page 6 of 7 The Public Works Department and Building and Safety Division reviewed this project and included their comments in the resolution as conditions of approval. NOTICE OF PUBLIC HEARING: 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 the Inland Valley Daily Bulletin newspapers on January 29, 2010. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. 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 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Development Review and Minor Conditional Use Permit PL2009- 48 based on the findings in DBMC Section 22.48 and Section 22.56, subject to conditions of approval within the draft resolution. Prepared by: Ndtalie Td on Planning Technician Attachments: 1 _ Draft Resolution of Approval 2. Aerial Photo 3. Site Plan, Floor Plan, Elevations Reviewed by P G Gubman, AICP Community Development Director Page 7 of 7 PLANNING COMMISSION RESOLUTION NO. 2010 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2009-48, TO CONSTRUCT A 1,990 SQUARE -FOOT FIRST FLOOR ADDITION, 244 SQUARE -FOOT SECOND FLOOR ADDITION, AND A 127 SQUARE - FOOT THIRD FLOOR ADDITION TO AN EXISTING 5,148 SQUARE -FOOT HOME AND TO ALLOW THE CONTINUATION OF AN EXISTING 7'-5" NONCONFORMING SIDE SETBACK (10' IS REQUIRED) AT 23240 RIDGE LINE DRIVE DIAMOND BAR, CA 91765 (APN: 8713-031-006) A. RECITALS The property owner, David Li, and applicant, David Li & Associates, have filed an application for Development Review and Minor Conditional Use Permit No. PL 2009-48 to construct a 1,990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot floor addition to an existing 5,148 square -foot home and to allow the continuation of an existing 7'-5" nonconforming side setback (10' is required) at 23240 Ridge Line Drive, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 0.69 net acre. It is located in the Rural Residential (RR) zone and is consistent with the rural residential land use category of the general plan. 3. The legal description of the subject property is Tract 30091 Lot 103. The Assessor's Parcel Number is 8713-031-006. 4. Notification of the public hearing for this Project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 29, 2010. 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 January 29, 2010. In addition to the published and mailed notices, the project site was posted with a display board. 5. On February 9, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, solicited testimony from all interested individuals and concluded the hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 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 (a) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48 and 22.56, this Planning Commission Hereby finds as follows: DEVELOPMENT REVIEW FINDINGS (DBMC Section 22.48.040) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The proposed addition to the home is consistent with the applicable elements in the City's General Plan, City Design Guidelines and development standards, by meeting all of the required setbacks except the side setback, and maintaining the existing height by adding on the addition to existing levels. The side setback will maintain the existing, original nonconforming setback, and will not encroach into the nonconfonning setback. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 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 fora single family residential home and the surrounding uses are also for single family residential homes. Planning Commission Resolution No 2010 -XX The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single family residential home because it 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 the harmonious, orderly and attractive development contemplated by Chapter 22.48.20: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The proposed addition is designed to be compatible with the character of the neighborhood. The addition will change the aesthetic look of the front of the house to be more harmonious, orderly, and attractive by adding more detail such as columns, arched moldings around windows and doors. 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, and color, and will remain aesthetically appealing; The design of the addition will provide a desirable environment by enhancing the aesthetic look of the front of the home. The addition provides balconies, decorative entrances and windows that are similar to styles used in the surrounding neighborhood. The neutral colors proposed are aesthetically appealing and compatible with the ones used in the neighborhood. 5. The proposed development will not be detrimental to 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; and 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 Department requirements. The referenced agencies through the permit and inspection process 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. icinity 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) (addition to an existing structure ofless than 10,000 square feet) of the CEQA Guidelines. 3 Planning Commission Resoluur,n 1!_ 2010-XY. MINOR CONDITIONAL USE PERMIT FINDINGS (DBMC Section 22.56.040) The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR zone. The substandard building separation on the west side of the residence renders the project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 1,990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot third floor addition complies with the Development Standards of the RR zone. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of a 1, 990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot third floor addition of new living area is consistent with the development standards for the site and the surrounding neighborhood. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject site is physically suitable for the existing single-family residential dwelling and the proposed expansion. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RR zone. 5. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. 4 Planning Commission Resolution No ?010 -XX 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) (addition to an existing structure of less than 10, 000 square feet) of the CEQA Guidelines. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner: David Li and Associates, 1000 San Gabriel Blvd. #208, Rosemead, CA 91770; and David Li, 23240 Ridge Line Dr., Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 9th DAY OF FEBRUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. in Tony Torng, Chairman 1, 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 9th day of February 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 P12nnino Commission Rsoluuon No 2010 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use No. PL 2009-48 SUBJECT: To construct a 1,990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot third floor addition to an existing 5,148 square -foot home and to allow the continuation of an existing 7'-5" nonconforming side setback (10' is required). PROPERTY David Li OWNER: APPLICANT: David Li and Associates LOCATION: 23240 Ridge Line Dr., 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 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 and Minor Conditional Use Permit No. PL 2009-48 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 Planning Commission Resolution No 2010 -XX (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 and Minor Conditional Use Permit No. PL 2009-48, 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 zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2010 -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, roof, 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 PIS ni,Comm,,-. ion R�solLtion Ilo 2010-X`; 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 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 come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. G. TIME LIMITS The approval of Development Review and Minor Conditional Use Permit No. PL 2009-48 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT A decorative band shall be added along the rear and east elevations to break up the blank space of the wall. The band shall match the details of the proposed front fagade. 2. 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, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 8 Planning Commission Resolution No 2010 -XX 4. All roof -mounted equipment shall be screened from public view. 5. 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. 6. Prior to submitting for building plan check, revise the plans with the correct zoning and lot size information. 7. Any future landscaping shall comply with the Los Angeles County Fire Department's Fuel Modification Plan requirements, rules, regulations and guidelines. E. SOLID WASTE 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 An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. Ilianniml Commission ResoIAuao,i Ido 2010 XX A 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. 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. Additionally, all construction equipment shall be properly muffled to reduce noise levels. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 10 Planning Commission Resolution No 2010 -XX 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport if applicable. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils and civil engineer as well as a rough graded geotechnical report shall be submitted for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. E. SEWERS[SEPTIC TANK Applicant shall obtain connection permit(s) from the City. Planning Con;mrsron P. ;oluhon Nu 2010 -XX APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 12 Planning Commission Resolution No 2010 -XX 9. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10. "Separate permits are required for pools, patios, and retaining walls" shall be noted on plans. 11. A height survey may be required at completion of framing. 12. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Shaft rating/ exterior walls construction/ opening protection 13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. END 13 '; �solufion No 2010 XX Is Z.. F,4i L% Is Z.. F,4i L Lar. 'P' T''it eq VII150 r 21" lit. Is rArldl-l-It N7 rq. A"f". F� 0 N P`W We— Oil PIP, 9. 04 . At. 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CA. ! ;\ \\// /z �� 9\/#�• !0 �k e122{�!Q \�) \[ � \ / \ ° \ \ � \ , f!7! // \ � \ \ \ •/ mi - »:c e,c�» m � #.a,m,us9«yr R .• DIAMOND BAF. CA. CIT PLANNING COMMISSION AGENDA REPORT rsg9 . CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 •- FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.1 MEETING DATE: February 9, 2010 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL 2009-54 PROJECT LOCATION: 22432 Falconburn Way, Diamond Bar, CA 91765 (APN 8293-013-016) APPLICATION REQUEST: To construct a 238 square -foot addition to the front of an existing 1,463 square -foot single- family residence on an 8,314 square -foot (0.19 acre), Low -Medium Density Residential (RLM) zoned parcel with a consistent underlying General Plan Land Use designation of RLM. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming front setback of 19'-0" (20 -feet is required), a side setback of 5'-9" (10 -feet is required) and building separation of 13'-4" (15 - feet is required). PROPERTY OWNERS: Rohit & Hetal Patel 22432 Falconburn Way Diamond Bar, CA 91765 APPLICANT: Javier Carmorlinga 5655 Dover Street Chino, CA 91710 STAFF RECOMMENDATION: Approve subject to conditions DR & MCUP #PL 2009-54 Page 1 of 6 BACKGROUND: The property was developed in 1977 under Los Angeles County standards with a 1,463 square -foot, single -story residence on a 8,314 square -foot lot. The site is legally described as Lot 82 of Tract 31038, and the Assessor's Parcel Number (APN) is 8293-013-016. Site and Surrounding General Plan, Zoning and Uses " 5�'•. r, 1. S .i•a ' �';: a„r. r Project Location A- N DR & MCUP #PL 2009-54 Page 2 of 6 General Plan Zoning Land Use Designation District Site Low -Medium RLM Single Family Residential ,Y Residential � A rh.•i�' _,, b' North Low -Medium RLM Single Family Residential Residential •�Yi ..._. South Low -Medium RLM Single Family Residential m,�`,4.. Residential East Low -Medium RLM Single Family Residential Residential West Low -Medium RLM Single Family Residential ., Residential " 5�'•. r, 1. S .i•a ' �';: a„r. r Project Location A- N DR & MCUP #PL 2009-54 Page 2 of 6 ,,a ,Y ,,,gip � A rh.•i�' _,, b' �7�s' � . ,. ,+ A ;;�;�'� fir: � • " :� • u>'J-' V� •�Yi ..._. 'n{,µ ^ ., n k �. ... r ref yyFe' m,�`,4.. Mu1•ie�+ F ., l , �x•.':., .,. _RLM " 5�'•. r, 1. S .i•a ' �';: a„r. r Project Location A- N DR & MCUP #PL 2009-54 Page 2 of 6 ANALYSIS: Review Authority (DBMC Sections 22.48 and 22.56) An addition that results in a substantial change to the appearance of an existing residence requires Planning Commission approval of a Development Review (DR) application. Changes to an existing nonconforming structure requires the approval of a Minor Conditional Use Permit (MCUP) by the hearing officer. Because the DR application requires Planning Commission approval, the Planning Commission is reviewing the MCUP. Approval of a DR and a MCUP is required to ensure compliance with the City's general plan policies, development standards and design guidelines to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Project Description The existing house contains a two -car garage, kitchen, dining room, living room, family room, three bedrooms, and two bathrooms. The proposed 238 square -foot addition will contain a new bedroom and bathroom to the front of the residence. The height of the building will not exceed the existing height of 15 feet as measured from the finished grade to the highest point of the roofline. Development Review The following table compares the proposed project with the City's development standards for residential development in the RLM Zone: Development i Residential Feature I Development Standards i Front Setback Maximum of 40%) 23.2% I 26.1% Side Setbacks I �� �� On One side& i 10`-0-- on the other N Side Yard Minimum i - ----- --- -- Between Adjoining 1.5'-0" Structures 35' 0" i Existing ! Proposed 19•4" i -� — -i- - Meets -- Requirements I' No' 5'-9" west side 5'-9" -- west side , — No*. -- 7'-0" — cast side I 7'-0" -east side 13'-4" — west side 17'- 8" - east side 13'-.4" — west side�I 17'-8""-- east side No* Rear Setback 20'-0" 58'-•0•' 58'-0" Yes j! Lot Coverage j Maximum of 40%) 23.2% I 26.1% Yes Building Height ..----- ----- - ----- --- -- --- -l� Limit I 35' 0" 15'-0" I 15'-0" Yes i Landscaping I i 509/0 of front yard 77% 67% Yes G Parking 2 -Car Garage 2 --Car Garage I 2 -Car Garage, Yes "Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure. DR & MCUP #PL 2009-54 Page 3 of 6 Site and Grading Configuration: The site is level with the street and no grading is required. Elevations: The architecture of the proposed single-family residence is a 1970's tract design, which will contain the following features: asphalt roof, stucco walls, stucco window trim, and stone veneer. The proposed new addition will maintain the existing architectural style of the existing residence and will be consistent with the surrounding architecture of the neighborhood. Landscaping: A landscape plan is not required for the project because the addition to the front will not have a negative impact on the yard, and meets the minimum required landscaping requirement of 50%, providing 67% landscaping. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the existing residence and surrounding community. The proposed project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of the City's Residential Design Guidelines as follows: • The proposed addition will maintain the existing nonconforming setbacks, which is consistent with other homes in the neighborhood, and will not further encroach into the existing setbacks; • The building height will remain as a single -story home, which will not exceed 15 -feet. The surrounding homes in the neighborhood are two-story homes; • The proposed addition will be located in the front and will have no effect to the landscaping; • The placement of the windows proposed will face the street and the garage. Adjacent Home to the Left Project Site Adjacent Home to the Right DR & MCUP #PL 2009-54 Page 4 of 6 Minor Conditional Use Permit The required front yard setback for the subject site is 20 feet, and the required side yard setbacks are 5 feet on one side and 10 feet on the other side, in addition to a minimum separation of 15 feet between structures. The existing front yard setback from the face of the house to the property line is 19 feet and the side yard setbacks are 5 feet, 9 inches on the west side and 7 feet on the east side, with a building separation of 13 feet, 4 inches on the west side and 17 feet, 8 inches on the east side. See table on page 3. The City recognizes that property owners should be allowed to have an addition or improvements to their properties, even with nonconformities. Therefore, the City has established the MCUP process for such additions, subject to the findings set forth in the Development Code. Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: • The existing dwelling was built in 1977, prior to the incorporation of the City of Diamond Bar; • The proposed addition will maintain the existing nonconforming front yard setback of 19 feet; • The site has a landscaped right-of-way (ROW) of 6 feet behind the sidewalk, giving the appearance of a 25 foot front yard setback; • The proposed addition will maintain the existing nonconforming side yard setback of 7 feet; • The proposed addition will not further encroach into the existing separation between buildings of 13'-4" and 17'-8"; and • By maintaining the existing nonconforming setbacks, the proposed project is consistent with other homes within the neighborhood. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the resolution as conditions -of approval. NOTICE OF PUBLIC HEARING: 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 on January 29, 2010. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. DR & MCUP #PL 2009-54 Page 5 of 6 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) (addition to an existing structure of less than 10,000 square -feet) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Development Review and Minor Conditional Use Permit PL2009-54, to allow the construction of a 238 square -foot room addition, based on the findings of DBMC Sections 22.48 and 22.56, subject to conditions of approval as listed within the draft resolution. Prepared by: avi Ivare Assistant Planner Attachments: Reviewed by: -1rem N -am- Draft Resolution Approving DR and MCUP PL2009-54 Aerial Photo DR & MCUP #PL 2009-54 Page 6 of 6 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2010 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL 2009-54 TO CONSTRUCT A 238 SQUARE -FOOT ROOM ADDITION AT THE FRONT AND TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING FRONT SETBACK OF 19 FEET (20 FEET IS REQUIRED), A SIDE YARD SETBACK OF 5 FEET 9INCHES (10 FEET IS REQUIRED) AND BUILDING SEPARATION OF 13 FEET 4 INCHES (15 FEET IS REQUIRED) LOCATED AT 22432 FALCONBURN WAY, DIAMOND BAR, CA 91765 (APN 8293-013-016) A. RECITALS The property owners, Rohit and Hetal Patel, and applicant, Javier Camorlinga, have filed an application for Development Review and Minor Conditional Use Permit No. PL 2009-54 to construct a 238 square -foot room addition at the front, and to allow the continuation of an existing nonconforming front yard setback of 19 -feet (20 -feet is required), a side yard setback of 5'-9" (10 -feet is required), and building separation of 13'4" (15 -feet is required) located at 22432 Falconburn Way, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review and Minor Conditional Use Permit shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 0.19 acres. It is located in the Low -Medium Density Residential (RLM) zone and is consistent with the rural residential land use category of the general plan. 3. The legal description of the subject property is Tract 31038 Lot 82. The Assessor's Parcel Number is 8293-013-016. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on January 29, 2010. 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 January 29, 2010. 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 February 9, 2010, 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. Attachment 1 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 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 (a) (addition to an existing structure of less than 10,000 square feet) 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 and 22.56, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48.040) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria; The design and layout of the proposed 238 square -foot addition is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks except the front and side setback and maintaining the existing height by adding on the addition to the existing level. The front and side setbacks will maintain the existing original nonconforming front and side setbacks, and will not encroach into the nonconforming setbacks. 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 for a single family residential home and the surrounding uses are also for single family residential homes. 2 Planning Gommission Resolution No. 2010 -XX Attachment 1 The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single family residential home because it 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 design of the home is a 1970's tract design. The proposed addition will match the roof type, pitch, and materials, and window moldings of the addition will be added to existing windows. The addition will also enhance the architecture by adding architectural -features such as stone veneer to the front elevation and window moldings to all elevations. The addition will be integrated with the existing house by utilizing similar forms, colors, and materials as prescribed in the City Design Guidelines. 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 proposed 238 square -foot addition will provide a desirable environment for its occupants and visiting public as well as its neighbors through a design that will enhance the design of the existing home. Large expanses of a single material or color is avoided by adding architectural features, such as stone veneer and window moldings. 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; 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 Department requirements. The referenced agencies, through the permit and inspection process, 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). 3 Planning Commission Resolution No. 2010 -XX Attachment 1 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) (addition to an existing structure of less than 10, 000 square feet) of the CEQA Guidelines. Minor Conditional Use Permit Findings (DBMC Section 22.56.040) The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RLM zone. The substandard front yard setback, side yard setback on the east side, and building separation on the west side of the residence renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 238 square -feet complies with the Development Standards of the RLM zone. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed addition of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of a 238 square -foot addition is consistent with the development standards for the site and the surrounding neighborhood. The site has a landscaped right-of-way (ROLA of six feet behind the sidewalk, giving the appearance of a 25 -foot yard setback and will not further encroach into the existing side yard setback and building separation. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject site is physically suitable for the existing single-family residential dwelling and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RLM zone. 4 Planning Commission Resolution No. 2010 -XX Attachment 1 5. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the addition of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. 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) (addition to an existing structure of less than 10, 000 square feet) of the CEQA Guidelines. D. CONDITION OF APPROVAL 1. Window design should be consistent in terms of style and general arrangement on all sides of the building. Stucco window trim shall be added to all existing and proposed windows. 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, Mr. and Mrs. Rohit Patel, 22432 Falconburn Way, Diamond Bar, CA 91765; and the applicant, Javier Camorlinga, 5655 Dover Street, Chino, CA 91710. APPROVED AND ADOPTED THIS 9" DAY OF FEBRUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Em Tony Torng, Chairman 5 Planning Commission Resolution No. 2010 -XX Attachment 1 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 9th day of February, 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 6 Planning Commission Resolution No. 2010 -XX Attachment 1 _ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M Development Review and Minor Conditional Use Permit No. PL 2009-54 SUBJECT: To construct a 238 square -foot addition to the front of an existing 1,463 single-family residence and a Minor Conditional Use Permit to allow the continuation of an existing nonconforming front setback of 19 -feet (20 -feet is required), a side setback of 5'-9" (10 -feet is required), and the building separation of 13'-4" (15 -feet is required). PROPERTY Rohit and Hetal Patel OWNER(S): 22432 Falconburn Way Diamond Bar, CA 91765 APPLICANT: Javier Camorlinga 5655 Dover Street Chino, CA 91710 LOCATION: 22432 Falconburn Way, Diamond Bar, CA 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 7 Planning Commission Resolution No. 2010 -XX Attachment 1 to attack, set-aside, void or annul, the approval of Development Review and Minor Conditional Use Permit No. PL 2009-54 brought within the time period provided by Government Code Section 66499.3,7. 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. (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 and Minor Conditional Use Permit No. PL 2009-54, 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. 2010 -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 Planning Commission Resolution No. 2010 -XX C. Attachment 1 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. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 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. TIME LIMITS 1. The approval of Development Review and Minor Conditional Use Permit No. PL 2009-54 expires within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 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 N Planning Commission Resolution No. 2010 -XX Attachment 1 hereto as attachment 3 including: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, 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. 5. Window design should I arrangement on all sides permits, window molding windows. E. SOLID WASTE e consistent in terms of style and general of the building. Prior to issuance of building shall be added to all existing and proposed The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 10 Planning Commission Resolution No. 2010AX Attachment 1 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with a drainage plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil, a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 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 A drainage Plan with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveygd from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 11 Planning Commission Resolution No. 2010 -XX Attachment 1 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday through Saturday between the hours of 7:00 a.m, and 7:00 p.m. 5. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 8. Please submit a total of 2 full sets of plans including the grading for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission. 9. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 10. The project shall be protected by a construction fence and shall comply ` with the NPDES and BMP requirements (sand bags, etc.) 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. End 12 Planning Commission Resolution No. 2010 -XX 7% El It LO 0 0 N 6 z E (n n 0 C: 0 0 -4--J C: W E 0- 0 a) Q qo � 98�s�"beef a•°�iz� ��"s���s�§6��� ... .+'�1, ,`• ���� . '€ q% €€$ €4 b� s � �g�� c� ��fxs�;$ a ggl •t' i; •ie. - v ��i; ?(� g^"+i� €q3g �� �"€gp� ��y;gseY@§�'es=s� €���8�5.�p3 � '`. f' E• sgg�ps - ,'•e .5y1 F� �.2 6"gg ^^� ���m�y�9 �u:�g�g�"�I��q�q rL, r•• � y'�f� •! ee�� i•taly j INN •°n; =is a$ a "sYs� s s gi "ge€ 3 $P � �,ep. °• I�§� p 9 fi r � p� � .�A� � � � • L � spy i^� •1. �� 9 � � � 4 i x sa�� •E� a •g _ , �Fi �` m a •9 3-� ;>"'� .; 6 7 PL IX17 FT— —_—__ _ e � I . Hi o e• Y ail i L-+�1 O ;i qo � 98�s�"beef a•°�iz� ��"s���s�§6��� ... .+'�1, ,`• ���� . 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(90910.8669 FSm � O N N 0 PL IX17 FT— —_—__ _ _F, 1W.7FT—__—__� � I o I Y I L-+�1 O q q I J qD _® 4 2 A$ € g -g g iRAo m D �' m -1D a O Q< K m 0 p m Y s® PATEL ROHIT o Y1R R ITGAML aA�Mt F1 CORcgWB,'/es - development . ■ J ■ M - commercial _ 9 - custom homes - + � 13 - - engineenng additions - patios & decks SITE PLAN, GENRL- NOTES, INDEX AND VICINITY MAP 1080 Sliver Star Cor- Colton, CA. (90910.8669 FSm � O N N 0 o L-+�1 O PATEL ROHIT o Y1R R ITGAML aA�Mt F1 CORcgWB,'/es - development . ■ J ■ M - commercial _ 9 - custom homes - + � 13 - - engineenng additions - patios & decks SITE PLAN, GENRL- NOTES, INDEX AND VICINITY MAP 1080 Sliver Star Cor- Colton, CA. (90910.8669 FSm � O N N 0 9 t D Y i P�ATEL�R�ONHIT W - �modelin res dentlai custom homes O . J . M - desmg FLOOR PLAN & ELEVETIONS .add ' °"°"�'°"�" patios & decks 1080 Silver Star cir, Colton ca, 92324 (909)270.8669 z w H a Q a m� oz Z QO 0 J LU LL OW U Z O U N �I w w Ir w Q �1 H Z z O z W ai 4 ZWZ�J Q=Q0U LU U Z =mUZO U=)wZU ma0Z� �zwg- CLOa-dU II z II II II 2 II TUU a.XIL0-U 0 z w O LU J LO COcq i o 0 orn CD O I O O N 0 N N N a I a a z m w ai a UZ uv ml � Z 0MI J Cpm N Z N TI LL QD'mi L C) w wZ o to 31 co a> o s v a) U r N N Z z O z W ai 4 ZWZ�J Q=Q0U LU U Z =mUZO U=)wZU ma0Z� �zwg- CLOa-dU II z II II II 2 II TUU a.XIL0-U 0 z w O LU J CITY OF DIAD( O—,MA R4R NOTICE OF PUBLII' 06 TING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On February 9, 2010, 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. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On February 5, 2010, 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 1061 Grand Avenue Diamond Bar, CA 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 February 8, 2010, at Diamond Bar, California. i ... .... . . Stella Marquez Community Development Department g.\\affidavitpostmg. doc File Vj P,by — - an -.o ,c and is ready for Salroum I I \� 1 O IC I� Lm �i 8 1 ' r� i"Il 1i I`1 II O p Q O p � pFs_��r ^ co O @ a v O2 y �-1 AT,2 n0 "' m m Z7 @CID OJ Site Address: FAMILY �v a c)mznAz < o 0 O S m o 00 p r rm w G) m m an a 00 C)➢ rn0 29. 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