HomeMy WebLinkAbout04/22/2014 PC AgendaPLANNING FILE COPY
COMMISSION
AGENDA
April 22, 2014
7:00 P.M.
City Hall, Windmill Community Room
21810 Copley Drive
Diamond Bar, CA 91765
Copies of staff reports or other written documentation relating to agenda items are on
lite in the Planning Division of the Community Development Department, located at
21810 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours/
Written materials distributed to the Planning Commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21810 Copley Drive, Diamond Bar, California, during normal business hours,
In an effort to comply with the requirements of Title // 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.
D 10ND" DAM
M — The City of Diamond Bar uses recycled paper
Please refrain from smoking, eating or and encourages you to do the same
drinking in the Auditorium
City of Diamond Bar
Planning Commission
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community 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 contact information
below.
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HELPFUL CONTACT INFORMATION
Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030
Email: info(-)diarnondbarca.gov
Website: www.diamondbarca.gov
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Tuesday, April 22, 2014
CALL TO ORDER: 7:00 •ffl
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Jimmy Lin, Ruth Low, Peter Pirritano,
Vice Chairman Jack Shah, Chairman Frank Farago,
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete
a Speaker's Card for the recording Secretary (completion of this form is
voluntary). There is a five-minute maximum time limit when addressing the
Planning Commission.
3. APPROVAL OF AGENDA: Chairman
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: April 8, 2014
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 Review of Fiscal Year 2014-2015 Capital Improvement Program (CIP) -
Conformity with the General Plan.
Recommendation: Staff recommends that the Planning Commission adopt a
Resolution finding the proposed Fiscal Year 2014-2015 Capital Improvement
Program in conformance with the General Plan.
APRIL 22, 2014 PAGE 2 PLANNING COMMISSION AGENDA
7. PUBLIC HEARING(S):
7.1 Development Review and Minor Conditional Use Permit No. PL2013-136 -
Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.56,
the applicant, Rupert Mok, and property owners, Vincent and Terry Yang, are
requesting Development Review approval to construct a 1,799 square -foot
two-story addition to an existing 2,933 square -foot single-family residence on a
0.43 gross acre (18,750 gross square -foot) lot. A Minor Conditional Use Permit
is requested for the expansion of a nonconforming structure where an existing
patio Cover has an existing nonconforming side setback of zero feet (five feet is
required). The subject property is zoned Low Density Residential (RL) with a
consistent underlying General Plan land use designation of Low Density
Residential.
Project Address: 24209 Bryn Athyn Way
Diamond Bar, CA 91765
Property Owner: Vincent and Terry Yang
24209 Bryn Athyn Way
Diamond Bar, CA 91765
Applicant: Rupert Mok
829 S. Lemon Ave., Suite Al 1 -13
Walnut, CA 91789
Environmental Determination: The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt
from the provisions of CEQA pursuant to Article 19 under Section 15301 (e)
(additions to existing structures) of the CEQA Guidelines. No further
environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review and Minor Conditional Use Permit No. PL 2013-136,
based on the Findings of Fact, and subject to the conditions of approval as
listed within the draft resolution.
7.2 Development Review No. PL2013-493 - Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant, Syed Raza & Associates, Inc. and
property owner, Vipin Vadecha, are requesting Development Review approval
to construct a 269 square -foot addition and fagade remodel to an existing
4,370 square -foot, two-level, single-family residence on a 65,776 gross square -
foot (1.51 gross acre) lot. The subject property is zoned Rural Residential (RR)
with a consistent underlying General Plan land use designation of Rural
Residential (RR).
APRIL 22, 2014 PAGE 3 PLANNING COMMISSION AGENDA
Project Address: 22925 Ridge Line Rd.
Diamond Bar, CA 91765
Property Owner: Vipin Vadecha
22925 Ridge Line Rd.
Diamond Bar, CA 91765
Applicant: Syed Raza & Associates, Inc.
12600 Central Ave,
Chino, Ca 91710
Environmental Determination: The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt
from the provisions of CEQA pursuant to Article 19 under Section 150301 (e)(2)
(additions to existing structures not resulting in a increase of more than
10,000 square feet) of the CEQA Guidelines. No further environmental review
is required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. PL2013-493, based on the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
7.3 Conditional Use Permit No. PL2013-433 — The applicant is requesting
approval of a Conditional Use Permit to operate an 871 square -foot math
tutoring school located within Peppertree Plaza. The property is zoned
Neighborhood Commercial (C-1) with an underlying General Plan land use
designation of Office Professional.
Project Address: 3203 S. Brea Canyon Rd., Suite A
Diamond Bar, CA 91765
Property Owner: Raphael Amon
11616 Ventura Blvd.
Studio City, CA 91604
Applicant: Carolyn An
3209 S. Brea Canyon Rd., Suite E
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 CEQA pursuant to the provisions of Article 19
Section 15301(a) (interior alterations involving such things as interior partitions,
A
91
IE
PAGE 4 PLANNING COMMISSION AGENDA
plumbing, and electrical conveyances) of the CEQA Guidelines. No further
environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. PI -2014-433, based on the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects:
SCHEDULE OF FUTURE EVENTS:
CITY COUNCIL MEETING:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
MEMORIAL DAY HOLIDAY:
PLANNING COMMISSION
MEETING:
11. ADJOURNMENT:
Tuesday, May 6, 2014 — 6:45 p.m.
South Coast Air Quality Management
District Auditorium, 21825 Copley Dr.
Diamond Bar, CA 91765
Thursday, May 8, 2014 - 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
Thursday, May 22, 2014 — 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
Monday, May 26, 2014
In observance of the holiday, City offices
will be closed. City offices will re -open on
Tuesday, May 27, 2014
Tuesday, May 27, 2014, 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
CITY OF DIAIVIOND-B��,R,',,,,,
NOTICE OF PUBLIC MEETI
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
1, Stella Marquez, declare as follows:
On April 22, 2014, the Diamond Bar Planning Commission will hold a Regular
Meeting at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive,
Diamond Bar, California.
Items for consideration are listed on the attached agenda
I am employed by the City of Diamond Bar. On April 18, 2014, 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
21800 Copley Drive
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 18, 2014, at Diamond Bar, California.
Stella Marquez
Community Development Department
CDAntellaUl'idavitposting doc
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030 - FAX (909) 861-3117
DATE: April 22,2014
TO: Chairman Farago and Members of the Planning Commission
FROM: Greg Gubman, AICD, Community Development Director
BY: Grace S. Lee, Senior Planner
SUBJECT: Review of Proposed Fiscal Year 2014-2015 Capital Improvement
Program (CIP) for Conformity with the General Plan
4 1 �, X1 09111 1k, I I
Each year, prior to the adoption of the City's annual budget, the Planning Commission
reviews the proposed fiscal year Capital Improvement Program (CIP) for consistency
with the City's General Plan and adopts a resolution to record its findings. The process
is mandated pursuant to California Government Code Section 65401 (see
Attachment 2).
ANALYSIS:
The proposed Fiscal Year 2014-2015 CIP i5 detailed in Attachment 3, and is comprised
of the following expenditures:
CIP 2014-20'15
Expen ditur6,§
Street Improvements.
$3,956,028
Traffic ManagementlSafety
$529,000
Transportation Infrastructure Improvements
$1,909,514
Parks and Rec. Improvements
$1,626,457
Miscellaneous Improvements
$2,749,536
L Total: 1
$10,770,535
Capital improvement projects are funded by various sources: the General Fund;
Measure R (Local Return Fund); Gasoline Tax Fund; Hauler Fees; SAFETEA-LU Fund;
Community Development Block Grant (CDBG); Proposition A; Sale of Prop A Funds;
Proposition C; Park Development Fund; Land & Water Conservation Grant;
Recreational Trails Grant; Habitat Conservation Grant; Proposition A Safe Parks; SB
821 Fund (Bike and Pedestrian Paths); Waste Hauler Fund; MTA Grants; and Traffic
Mitigation Fund.
The Public Works and Community Services Departments develop the project list based
on identified community improvement needs. Planning staff finds that the proposed
2014-2015 CIP is consistent with the adopted General Plan's Vision Statement and
numerous Goals, Objectives, and Strategies, including, but riot limited to, the following:
Circulation Element - Goal 1, Objective 1.2, Strategy 1.2.1 and Goal 3,
Objective 3.1, Strategies 3.1.1 and 3.1.3, and 3.1.4;
® Resource Management Element - Goal 1, Objective 1.3, Strategy 1.3.7; and
® Land Use Element- Goal 3, Objective 3.1, and Strategy 3.1.2).
Capital Improvement Projects
Below is a summary of the various projects proposed under the 2014-2015 CIP:
Street Improvement Proiects
Road Maintenance Projects - Grind and Overlay, Slurry Seal or Chip Seal
maintenance is applied to designated roadways within the City. This type of
maintenance activity is applied annually to residential streets and arterial roadways
on a seven-year cycle per neighborhood to extend the life of the existing road
pavement; and the appropriate pavement markings are re-established.
Carryover projects from FY13-14 since project construction will continue through
June 30, 2014, are as follows:
o Residential & Collectors Road Maintenance - Area 2
o Arterial Slurry Seal - Zone 1
o Morning Canyon Reconstruction (Diamond Bar Blvd. to Stonepine)
Projects for FY14-15 are as follows:
o Residential & Collectors Road Maintenance .-Area 3
Traffic Management/Safety Projects
Traffic Calming Projects - Diamond Bar developed and is implementing
neighborhood traffic management programs to enhance the quality of life on
residential streets within neighborhoods across the City. Solutions vary accordingly
and may include reducing the speeds of motorists, reducing the volume of traffic, or
finding ways for residents living near schools to cope with the rush of pick-up and
drop-off traffic.
2
CIP — Fiscal Year 2014-2015
o The Neighborhood Traffic Management Program is provided for our residents to
address speeding and cut -through traffic in the neighborhoods. A variety of
traffic calming tools are used including speed cushions, specialize lane striping,
signage, and other methods to reduce speeding and cut through traffic. The
current neighborhood that is participating in this program is in the Southern part
of the City along Crooked Creek and Gold Run. Design plans are expected to be
completed with construction to begin this summer. (This project is being carried
over from FY201412015 budget cycle.)
Traffic Signal Battery Backup System - Battery Backup Systems to power traffic
signals in the event of power outages are currently installed at 19 locations
throughout the City. Since many of our signalized intersections are adjacent
to areas of school related traffic and critical for local and regional traffic,
an additional 34 locations are scheduled for design with 15 to be constructed in
FY 2014-2015. (This project is being carried from FY201312014 as the construction
is expected to take place after June 30, 2014.)
Traffic Signal Infrastructure Upgrades — Replaces outdated traffic signal equipment
at existing signalized intersections. Equipment to be replaced includes signal heads,
signal posts, controller cabinet and equipment within, as well as evaluating existing
wiring and replacing as deemed necessary. This work is being completed to bring
all existing infrastructure up to current standards. (This project is being carried over
from FY2013-2014 as the project will not be completed prior to June 30, 2014.)
Transportation Infrastructure Improvements
Lemon Avenue Interchange ROW — Lemon Avenue interchange at SR/60 will
provide for a 3/4 interchange that includes eastbound on and off ramps and a
westbound on ramp. The project has been on the Council Goals and Objectives for
a number of years and the project is currently in the ROW acquisition stage,
involving five partial residential and two partial commercial property takes. (This
project is being carried over to FY2014-2015 as this phase of the project is in the
third year and is expected to be completed by December 2014.)
Miscellaneous Public Works Improvements
Comprehensive Groundwater Drainage Study & Storm Drain Improvement Design —
Study will evaluate groundwater and soil conditions at various roadway locations in
the City and will develop drainage solutions to mitigate groundwater seepage
through the street. Designs will include adding inlets and storm drain laterals to
provide for conveyance of groundwater into existing storm drain systems (This
project is being carried over from FY201312014 as the project will not be completed
by June 30, 2014.)
3
CIP — Fiscal Year 2014-2015
Grand Avenue Beautification Project — Design plans have been developed based on
the direction from Council to enhance the streetscape at the Grand Ave./Diamond
Bar Blvd. intersection and Grand Ave./Longview Drive intersection using SAFETEA-
LU funds that were "leftover" from the Grand Avenue Street Improvement Projects.
This project will provide an opportunity to create street design standards for all future
development to follow. (This project is being carried over from FY2013-2014 as the
construction of project will commence until Fall of 2014.)
Area 2 Sidewalk ADA Improvements — CDBG funds are anticipated to be $176,208
in FY 2014-2015 due to additional allocations granted to this project Therefore,
plans are to go through the Area 2 neighborhood to repair raised or substandard
sidewalks to provide a continuous path of travel for all pedestrians. (This project is
being carried over from FY2013-2014 since additional funds for the project are not
available until July 1, 2014.)
Median Modification at Diamond Bar Blvd.lKiowa Crest — The project will improve
the line of sight that is currently impeded due to the alignment of left turn pockets.
Median widths are reduced thereby allowing a shift of the left turn pockets. Similar
projects have been completed on Diamond Bar Boulevard at Clear Cr , eek and just
north of Montefino Avenue. (This project is being carried over from FY201312014
since construction is not scheduled to commence during the current budget cycle)
Peterson Park Parking Lot Improvements — 'The parking lot of Peterson Park is in
need of complete reconstruction to repair substandard asphalt conditions and
inadequate drainage. Design and construction are being proposed to be completed
in FY2014-2015.
Ronald Reagan Park Parking Lot Improvements — The parking lot of Reagan Park is
in need of complete reconstruction to repair substandard asphalt conditions due to
inadequate drainage as well as tree root damage to the asphalt. Design and
construction are proposed to be completed in FY2014-2015.
Diamond Bar Blvd. and Brea Canyon Road Intersection Beautification — In
conjunction with the Willow Heights development, the design features being
implemented for the Grand Avenue Beautification Project such as decorative
crosswalks, curb ramps and traffic signals will be implemented at the Diamond Bar
Blvd. and Brea Canyon Road intersection. Lennar Homes will be constructing the
improvements on the south and east sections and the City will be constructing the
other, two remaining sections. The City improvements will be funded by the fair
share traffic mitigation fees paid by Lennar Homes as well as Proposition C funds.
Design and construction are proposed to be completed in FY2014-2015.
Parks and Recreation Improvements
Design and Construction of Grandview Trail and Trail Link — Grandview Trail leads
from the overflow parking lot at the Diamond Bar Center, to a viewpoint at the west
4
CIP — Fiscal Year 2014-2015
end of the trail with a connection link to the Canyon Loop trail. The project will
include decomposed granite surfacing, lodgepole fencing, an interpretive panel,
benches and a shade structure. This project will provide hikers the opportunity to
hike completely around the City -owned property adjacent to the Diamond Bar
Center, from the east parking lot all the way around to the west parking lot. Design
has been completed and construction is scheduled to be completed by Fall 2014.
Design of Heritage Park Community Center Improvements — Heritage Park
Community Center is 20 years old. Design will provide a more updated
contemporary design for the interior of the building as well as improvements to the
entire park site. ADA access will also be improved. Design is scheduled to be
completed by June 2015 with construction to be completed by June 2016.
Design of Star Dust and Longview Park South Improvements — Design work will
result in the design for ADA accessible play equipment and the removal of
architectural barriers at both Star Dust Park and Longview Park South. Design is
scheduled to be completed by September 2014.
Construction of Improvements at Longview Park South The project consists of
constructing ADA accessible play equipment and removing architectural barriers at
Longview Park South. Construction to be completed by June 2015.
Design of Steep Canyon Trail Connector to Canyon Loop Trail — Design work will
result in a developed trail from the top of the stairs at Steep Canyon to the Canyon
Loop Trail. Design is scheduled to be completed by June 2015.
Installation of Swing Set at Longview Park North — The accessible play area will be
expanded and a two -bay swing set for 2 to 12 year old children will be installed.
Construction to be completed by June 2015.
Design and Construction of Slope Creep Repairs at Diamond Bar Center — A
retaining wall is required to stop the "slope creep" that is affecting the concrete slabs
on the northeast portion of the Diamond Bar Center. A retaining wall on the north
side of the Diamond Bar Center will be designed and constructed. Design is
scheduled to be completed by November 2014 with construction to be completed by
June 2015.
Design of Trail Improvements at Pantera Park — Design work for a developed trail
going up the steep slope above the dog park at Pantera Park. Design is scheduled
to be completed by June 2015.
The proposed Fiscal Year 2014-2015 Capital Improvement Program is found to be
Categorically Exempt from the provisions of the California Environmental Quality Act
5
CIP — Fiscal Year 2014-2015
(CEQA), under Article 19, Section 15301 (Operation, Repair, Maintenance of Existing
Facilities) of the CEQA Guidelines.
Staff recommends that the Planning Commission adopt Resolution No. 2014 -XX finding
the proposed FY 2014-2015 Capital Improvement Program in conformance with the
City's General Plan.
Prepared by:
S.
Senior Planner
Attachments:
Reviewed by:
Greg Gubman, AICP
Community Development Director
1. Draft Resolution No. 2014 -XX
2. CA Government Code Section 65401
3. FY 2014-2015 Capital Improvement Program/Project List
4. Map of Residential Slurry Seal Program
6
GIP — Fiscal Year 2014-2015
A RESOLUTION OF THE PLANNING COMMISSION OF TonilE CITY OF
DIAMOND BAR, CALIFORNIA, FINDING THAT THE PROPOSED
FISCAL YEAR 2014-2015 CAPITAL IMPROVEMENT PROGRAM (CIP)
IS CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF
DIAMOND BAR AND RECOMMENDING APPROVAL TO THE CITY
COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65401.
1 WHEREAS, on April 18, 1989, the City of Diamond Bar was established
as a duly organized municipal corporation of the State of California.
2. WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its
General Plan incorporating all State mandated elements, and portions of
the General Plan have been updated from time to time; and
3. WHEREAS, the City Manager of the City of Diamond Bar has prepared a
proposed Capital Improvement Program and Budget for the City's
2014-2015 Fiscal Year which outlines a program identifying proposed
public works improvement projects to occur during the fiscal year. The
projects include, but are not limited to, street and highway improvements,
traffic signal installations and modifications, and park improvements.
4. WHEREAS, California Government Code Section 65401 requires the
Planning Commission to review proposed public works projects for the
ensuing fiscal year to determine compliance with the City's General Plan.
5. WHEREAS, on April 22, 2014, at a regularly scheduled meeting, the
Planning Commission reviewed and considered the City of Diamond Bar's
proposed Fiscal Year 2014-2015 Capital Improvement Program, and the
projects contained therein, and concluded said review prior to the adoption
of this Resolution.
Emnffff• •'
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the facts and evidence presented during the Planning
Commission meeting regarding the City's proposed Fiscal Year
2014-2015 Capital Improvement Program, including oral and documentary
evidence provided by City staff, and in accordance with the provisions of
California Government Code Section 65401, the Planning Commission
hereby finds as follows:
(a) The projects identified in the City's proposed Fiscal
Year 2014-2015 Capital Improvement Program, is consistent with
the City's General Plan adopted July 25, 1995, including, but not
limited to:
(i) Land Use Element
® Goal 3 — Consistent with the Vision Statement, maintain
recognition within Diamond Bar and the surrounding
region as being a community with a well planned and
aesthetically pleasing physical environment.
® Objective 3.1— Create visual points of interest as a means
of highlighting community identity.
® Strategy 3.1.2 — Where feasible and appropriate, add
areas for landscaping, such as in medians or by widening
parkways within the primary arterial roadway system, as a
means of traffic control, providing pedestrian amenities,
and as an aesthetic feature for the community.
(ii) Resource Management Element
Goal 1 — Consistent with the Vision Statement, create and
maintain an open space system which will preserve scenic
beauty, protect important biological resources, provide
open space for outdoor recreation and the enjoyment of
nature, conserve natural resources, and protect public
health and safety.
Objective 1.3 — Maintain a system of recreation facilities
and open space preservation which meet the active and
passive recreational needs of Diamond Bar residents of all
ages.
® Strategy 1.3.7 — Develop recreation facilities emphasizing
active and passive recreation areas. The development of
a community center, the acquisition of traditional
2
CIP FY 2014-2015
neighborhood parkland including community athletic fields
should be pursued.
o Improve and enhance existing recreation areas.
o Pursue joint public/private development of recreation
facilities.
o Develop and maintain a comprehensive inventory of
recreation facilities and update the facilities to ensure
that the City's needs are being met.
o Actively pursue land acquisition for parks.
o Pursue acquisition of various hillside areas for natural
parks.
o Initiate a program of identifying environmentally
significant areas in the City and Sphere of Influence,
and analyze the possibility of protecting any unique or
significant environmental features of such areas.
o Pursue protection of environmentally significant
areas.
o Pursue development of an integrated trails system
within the community.
(iii) Circulation Element
Goal I -- Consistent with the Vision Statement, enhance
the environmental of the City's street network. Work
toward improving the problems presented by the intrusion
of regionally oriented commuter traffic through the City
and into residential neighborhoods. Consider programs to
reinforce the regional transportation and circulation
system to adequately accommodate regional needs.
Objective 1.2 — Participate in local and regional
transportation related planning and decision-making.
Strategy 1.2.1 — Prepare programs for traffic control
measures including, but not limited to, additional stop
signs at problem intersections, timing of signals and
regulation of speed limits.
3
CIP FY 2014-2015
® Goal 3 — Consistent with the Vision Statement, maintain
an adequate level of service on area roadways.
® Objective 3.1 — Improve the safety and efficiency of
existing transportation facilities.
® Strategy 3. 1. 1 — Maintain Level of Service "C" or better at
arterial mid -block segments (average daily) and "ID" or
better during peak hours at signalized intersections to the
extent possible.
® Strategy 3.1.3 — Improve intersections in the City which
have peak hour traffic service levels worse than "D."
Where feasible, these improvements should be made
within existing right-of-way.
® Strategy 3.1.4 — Maintain a pavement management
system and maintenance program for all public roadways
throughout the City.
(b) The proposed projects comply with all other applicable
requirements of State law and local ordinances, regulations, and
standards; and
(c) The proposed Fiscal Year 2014-2015 Capital Improvement
Program is found to be Categorically Exempt from the provisions of
the California Environmental Quality Act (CEQA), under
Section 15301 of the CEQA Guidelines (operation, repair,
maintenance of existing facilities).
3. Based on the findings and conclusions set forth above, this Resolution
shall serve as the Planning Commission's report to the City Council
regarding the General Plan conformity of the proposed public works
projects in the City's Fiscal Year 2014-2015 Capital Improvement Program
as required by California Government Code Section 65401.
The Planning Commission shall:
(a) Certify as to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of
the City of Diamond Bar for use in its deliberations regarding the City's
budget.
4
CIP FY 2014-2015
ADOPTED AND APPROVED THIS 22n' DAY OF APRIL, 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Frank Farago, Chairman
1, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was duly introduced,passed, and adopted,
d
at a regular meeting of the Planning Commission held on the 22 day of April, 2014, by
the following vote to wit:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
WININMOU
Greg Gubman, Secretary
5
CIP FY 2014-2015
If a general plan or part thereof has been adopted, within such time as may be fixed by
the legislative body, each county or city officer, department, board, or commission, and
each governmental body, commission, or board, including the governing body of any
special district or school district, whose jurisdiction lies wholly or partially within the
county or city, whose functions include recommending, preparing plans for, or
constructing, major public works, shall submit to the official agency, as designated by
the respective county board of supervisors or city council, a list of the proposed public
works recommended for planning, initiation or construction during the ensuing fiscal
year. The official agency receiving the list of proposed public works shall list and classify
all such recommendations and shall prepare a coordinated program of proposed public
works for the ensuing fiscal year. Such coordinated program shall be submitted to the
county or city planning agency for review and report to said official agency as to
conformity with the adopted general plan or part thereof.
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PLA NN COMNSS�ON
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030 - FAX (909) 861-3117
MEETING DATE: April 22, 2014
CASE/FILE NUMBER: Development Review and Minor Conditional Use
Permit No. PL2013-136
PROJECT LOCATION: 24209 Bryn Athyn Way
Diamond Bar, CA 91765 (APN 8701-016-021)
GENERAL PLAN DESIGNATION: Low Density Residential (RL)
ZONING DISTRICT: Low Density Residential (RL)
PROPERTY OWNER: Vincent and Terry Yang
24209 Bryn Athyn Way
Diamond Bar, CA 91765
APPLICANT: Rupert Mok
829 S. Lemon Ave. Suite Al 1 -B
Diamond Bar, CA 91789
[A-11MIMM-1
The applicant is requesting approval of a Development Review application to construct a two-
story addition consisting of 1,799 square feet of floor area and a 163 square -foot patio cover
to an existing two-story 2,933 square -foot single family residence with an attached
609 square -foot garage and 336 square feet of patio area on a 0.43 gross acre (18,750
square -foot) lot. A Minor Conditional Use Permit is requested to allow a second story
addition to an existing nonconforming structure.
RECOMMENDATION -
Adopt the attached Resolution (Attachment 1) approving Development Review and Minor
Conditional Use Permit No. PL2013-136, based on the findings of Diamond Bar Municipal
Code (DBMC) Sections 22.48 and 22.56, subject to conditions.
BACKGROUND.
Staff planned to schedule the project on the March 25, 2014, Planning Commission agenda.
However on March 7, 2014, the property owner contacted staff to request that the matter be
rescheduled to April 22, 2014.
The project site is located on the east side of Bryn Athyn Way, north of Wynnewood Drive.
The site was developed in 1988 under Los Angeles County standards with a 2,933 square-
-foot single family residence and a 609 square -foot garage on a 0.43 gross acre
(18,750 square -foot) lot.
There are no protected trees on site.
The property is legally described as Lot 17 of Tract No. 42578, and the Assessor's Parcel
Number (APIA) is 8701-016-021.
The proposed two-story addition is primarily located at the front and north side of the existing
residence. The addition consists of the following components:
* Patio/Balcony areas are riot included as floor, area
An existing patio cover is located at the rear, south side of the home. The patio cover
extends from the house to the property line and has a nonconforming side setback of zero
feet. The patio cover was constructed with the residence. By definition, the residence is
considered a "nonconforming structure" (®SMC Section 22.68.030). Approval of a Minor
Conditional Use Permit is required to allow an expansion of a nonconforming structure if the
expansion is greater than 50 percent of the existing square footage of all structures, or if the
expansion is not limited to the ground floor.
The height of the proposed addition is 22'-6", measured from the finished grade to the highest
point of the roofline.
The proposed addition is designed to blend into the existing house by using the same
architectural elements and building materials as the existing residence.
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 2 of 7
Existing
Proposed—
Total
V
. . . . . . . . . . . ....
Second Level
Patio/Balcopy ��rea
336 s.f.
163 s.f.
499 s.f.
Total Second Level Area
2,595 s.f.
Total Living Area
2,933 s.f.
1,799 s.f.
4,732 s.f.
Total Garage Area
609 SS.
0 S.f.
609 ;7f.
—
Total PatiolBalcony Area*
336 s.F ----
16 s
163 rf.
TOTAL FLOOR AREA
3,542 s.f.
1,799 s.f.
5,341 s.f
* Patio/Balcony areas are riot included as floor, area
An existing patio cover is located at the rear, south side of the home. The patio cover
extends from the house to the property line and has a nonconforming side setback of zero
feet. The patio cover was constructed with the residence. By definition, the residence is
considered a "nonconforming structure" (®SMC Section 22.68.030). Approval of a Minor
Conditional Use Permit is required to allow an expansion of a nonconforming structure if the
expansion is greater than 50 percent of the existing square footage of all structures, or if the
expansion is not limited to the ground floor.
The height of the proposed addition is 22'-6", measured from the finished grade to the highest
point of the roofline.
The proposed addition is designed to blend into the existing house by using the same
architectural elements and building materials as the existing residence.
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 2 of 7
Site and Zoning and Land Uses
The following table describes the surrounding land uses located adjacent to the subject
property:
Site Low Density Residential RL Single-Farnfly Residential
Low Density Residential RL Single -Family Residential
South Low Density Residential RL Single -Family Residential
FEast Low Density Residential RL Single -Family Residential
[)West] Low Density Residential RL Single -Family Residential
Figure 1: Aeriial View
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 3 of 7
Adjacent Property to North
Project Site
Adjacent Property to South
The proposed project requires two separate, but interrelated, land use approvals:
Development Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that
follows provides the basis for staff's recommendation to approve the DR and MCUP
applications.
Additions that substantially change the appearance of an existing residence require Planning
Commission approval of a Development Review (DR) application. Development Review
approval is required to ensure compliance with the City's General Plan policies, development
standards, and design guidelines, and to minimize adverse effects of the proposed project
upon the surrounding properties and the City in general.
As stated in Section 22.48.010 of the Development Code, the Development Review process
was established to ensure that new development and additions to existing development are
consistent with the General Plan "through the promotion of high functional and aesthetic
standards to complement and add to the economic, physical, and social character" of
Diamond Bar.
Development Standards: The following table compares the proposed project with the City's
development standards for residential development in the RL zone:
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 4 of 7
Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure because the addition is
greater than 50 percent of the existing home and is not limited to the ground floor. See MCUP discussion below.
**The rear setback is measured from the rear of the building to the edge of the graded pad when the pad abuts a descending
slope.
Site and Grading Configuration: The proposed first floor addition is located on an existing
leveled pad, and the second story addition will be added above the existing and proposed
first floor of the residence. Therefore, there will be no grading on the site. Minimal
excavation will be required for footings and foundation placement for the new first floor area.
Architectural Features, Colors, and Materials: The architecture of the existing residence
is a 1980s tract design with decorative half-timbering, wood siding, and flat concrete tiles.
The applicant is proposing to retain the existing building style. The proposed design will
maintain architectural integrity by incorporating similar fenestration patterns, and matching
exterior colors and building materials. The roof of the proposed addition will be integrated
with the existing roof by matching the existing hipped roof and 4:12 pitch.
Landscaping: Landscape plans are not required because the site is already developed, and
because the project is exempt from the City's Water Conservation Landscaping Ordinance.
The ordinance would only apply if 5,000 square -feet or more of the existing landscaped area
was being altered. However, landscaping that is damaged during construction will need to be
restored upon project completion. This requirement is included as a condition of approval.
A MCUP is required if a change or expansion of a nonconforming structure is greater than
50 percent of the existing square footage of all structures on site, or if the addition is not
limited to the ground floor or below. Current development standards require side setbacks to
be five feet to one side property line and ten feet to the other side property line. The existing
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 5 of 7
residence has a nonconforming side setback of zero feet to the south side property line,
where an attached patio cover was built to the side property line.
The City recognizes that homeowners should be allowed to make appropriate improvements
to their properties, even if the existing improvements do not fully conform to current
development standards. Therefore, the City has established the IVICUP process for such
additions, subject to the findings set forth in the Development Code.
MCUPs are normally subject to approval of the City's Hearing Officer (typically the
Community Development Director). However, because this IVICUP is being reviewed as part
of a DR application, both land use entitlements are subject to review and approval of the
Planning Commission.
Staff believes that approving the IVICUP 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 1988, prior to the incorporation of the City of
Diamond Bar;
The proposed addition is not located on the side of the property with the
nonconforming setback; and
Neighboring properties have nonconforming setbacks, so the proposed project will
remain consistent with other homes within the 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 project is designed to be compatible with
and enhance the character of the existing homes in the neighborhood. The second story
addition is proposed to be located towards the center of the house which will reduce the
overall mass and scale of the building as seen from the street. Also, the addition is located
approximately 60 feet from the neighbor to the north, and therefore, the addition will not
negatively affect the adjacent neighbor. Furthermore, the addition will match the existing
home in color and building materials and will incorporate similar architectural features.
Therefore, the addition will be visually integrated into the existing home and not negatively
impact the look and character of the neighborhood.
The project incorporates the principles of the City's Residential Design Guidelines as follows:
o The proposed addition will conform to all development standards including building
height and setbacks, which is consistent with other homes in the neighborhood;
The addition is designed to minimize the negative impacts on surrounding homes. A
transition between the project and adjacent properties is achieved through appropriate
setbacks;
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 6 of 7
0 The proposed building addition is visually integrated with the primary structure by
using similar forms, colors, and materials;
0 The proposed roof type, pitch, and materials match those of the primary structure;
Window type and dimensions, and other architectural features, such as decorative
bands, window trims, and columns, match those of the existing structure; and
0 Large wall expanses without windows or doors are avoided.
Additional Revoew
The Public Works Department and Building and Safety Division reviewed this project, and
their comments are included in the attached resolution as conditions of approval.
On April 10, 2014, public hearing notices were mailed to property owners within a 1,000 -foot
radius of the project site. On April 11, 2014, the notice was published in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was
posted at the site, and a copy of the notice was posted at the City's three designated
community posting sites.
No comments have been received as of the publication date of this report.
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) (additions to existing structures) of the CEQA Guidelines. No further
environmental review is required.
Prepared by:
A
Natalie Tobon
Assistant Plan J_r
Attachments:
Reviewed by:
Grace, .9. -,
Senior Planner
1. Draft Resolution No. 2014-M and Standard Conditions of Approval
2. Site Plan, Floor Plans, and Elevations
Development Review and
Minor Conditional Use Permit No. PL 2013-136 Page 7 of 7
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIE
AND MINOR CONDITIONAL USE PERMIT NO. PL2013-136 T
CONSTRUCT i. TWO-STORY ADDITION •F CONSISTING OF
••
COVERSQUARE,FEET OF FLOOR AREA AND A 163 SQUARE -FOOT PATI
• AN ; `33 SQUARE -FOOT SINGLE -F1
RESIDENCE WITH AN ATTACHED 609 SQUARE -F•• ♦ 1
AND 336 SQUARE FEET OF PATIO COVER AREA ON A 0.43 GROS
ACRE (18,750 SQUARE -FOOT) LOT; A MINOR CONDITIONA
USE PERMIT IS REQUESTED TO ALLOW A TWO-STORY ADDITIO-1
TO AN EXISTING NONCONFORMING STRUCTURE WITH A SIDi
SETBACK OF ' • FEET, WHERE FIVE FEET IS REQUIRED A
24209 BRYN ATHYN WAY, DIAMOND BAR, CA 917
(APN 8701 016-021).
A. RECITALS
1. The property owners, Vincent and Terry Yang, and applicant, Rupert Mok,
have filed an application for Development Review and Minor Conditional
Use Permit No. PL2013-136 to construct an addition consisting of
1,799 square feet of floor area and a 163 square -foot patio cover to an
existing two-level, 2,933 square -foot residence with a 609 square -foot
garage and 336 square feet of patio area located at 24209 Bryn Athyn
Way, Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a two-story addition consisting of
1,799 square feet of floor area including a 1,091 square -foot first
level addition towards the side of the home and 708 square -foot
second level addition towards the side of the home; and
(b) Minor Conditional Use Permit to allow a second level addition to an
existing nonconforming structure with a side setback of zero feet (five
feet is required);
Hereinafter in this Resolution, the subject Development Review and Minor
Conditional Use Permit shall be referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 18,750 gross
square feet (0.43 gross acres). It is located in the Low Density Residential
(RL) zone with an underlying General Plan land use designation of Low
Density Residential.
4. The legal description of the subject property is Lot 17 of Tract 42578. The
Assessor's Parcel Number is 8701-016-021.
5. On April 11, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On April 10, 2014, public hearing notices were
mailed to property owners within a 1,000 -foot radius of the Project site.
Public notices were posted at the City's designated community posting
sites on April 11, 2014. 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.
6. On April 22, 2014, 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.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301 (e) (additions to existing structures) of the CEQA
Guidelines. Therefore, no further environmental review is required,
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
2
Planning Commission Resolution No. 2014 -XX
Development Review Findings (DBMC Section 22.48.040)
1 The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines,
and development standards of the applicable district, design guidelines,
and architectural criteria for special areas (e.g., theme areas, specific
plans, community plans, boulevards or planned developments):
The design and layout of the proposed two-story addition consisting of
1,799 square feet of floor area and 163 square feet of patio/balcony area
to the existing single family residence is consistent with the City's General
Plan, City Design Guidelines and development standards by meeting all
required setbacks except the side setback due to an existing
nonconforming side setback of zero feet. The addition is proposed toward
the front and north side of the property. The proposed addition does not
further encroach into the side setback. The proposed addition is designed
to blend into the existing house by using the same architectural elements
and building materials as the existing residence.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments,
and will not create traffic or pedestrian hazards;
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the
project site is designed for a single-family home and the surrounding uses
are also single-family homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway
widths and is a continuation of an existing use.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development
contemplated by Chapter 22.48: Development Review Standards, the
City's Design Guidelines, the City's General Plan, or any applicable
specific plan,
3
Planning Commission Resolution No. 2014 -XX
The existing style of the home is 1980s tract design. The applicant is
proposing to add to an existing two-story home while maintaining
consistency with the current design. The proposed design will maintain
architectural integrity by incorporating similar fenestration patterns, and
matching exterior colors and building materials. The roof of the proposed
addition will be integrated with the existing roof by snatching the existing
hipped roof and 4:12 pitch. The project is designed to be compatible and
complementary to the neighborhood
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing;
The design of the existing single-family home is 1980s tract home.
Consistent building elements have been achieved through the utilization of
similar architectural features and building materials. The second story
addition is located towards the center of the house, which will reduce the
overall mass and scale of the building as seen from the street. Also, the
addition is located approximately 60 feet from the neighbor to the north,
and therefore, the addition will not negatively affect the adjacent neighbor.
Furthermore, the addition will match the existing home in color and
building materials and will incorporate similar architectural features.
Therefore, the addition will be visually integrated into the existing home
and not negatively impact the look and character of the neighborhood.
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values
or resale(s) of property) to the properties or improvements in the vicinity;
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 Departments requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements
in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
4
Planning Commission Resolution No. 2014 -XX
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (e) (additions to existing structures) of the CEQA
guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. 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 RL zone. A
Minor Conditional Use Permit (MCUP) is requested to allow a second level
addition to an existing nonconforming structure with a side setback of 0",
where five feet is required.
The substandard distance to the side property line renders the project
nonconforming. The addition of a nonconforming structure requires
approval of a Minor Conditional Use Permit because the addition is
greater than 50 percent of the existing square -footage of all structures on
site and is not limited to the ground floor. The proposed addition
consisting of 1,799 square feet of floor area and 163 square feet of
patio/balcony area to an existing two-level home complies with the
development standards of the RL zone and will not further encroach into
the nonconforming front setback.
2. The proposed use is consistent with the general plan and any applicable
specific plan:
The proposed addition to 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 and the proposed addition consisting of
1, 799 square feet of floor area and 163 square feet of patio/balcony area
will not further encroach into the existing nonconforming side setback of 0"
to the side property line. The proposed addition is located on the north
5
Planning Commission Resolution No. 2014 -XX
side of the property and will be located ten feet from the north side
property line. The proposed project is consistent with the surrounding
neighborhood. The design of the existing single-family dwelling and the
proposed addition are compatible with the character of the existing homes
in the 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 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
RL zone and will not further, encroach into the existing nonconforming side
setback. Because the proposed second floor addition is set back 20 feet
from the front property line, the addition will not add bulk to the front of the
house as seen from the street.
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) (additions to existing structure) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions:
6
Planning Commission Resolution No. 2014 -XX
1 Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified
mail to the property owners, Terry and Vincent Yang, 24209 Bryn
Athyn Way, Diamond Bar, CA 91765, and applicant Rupert Mok,
829 S. Lemon Ave, Suite A11 -B, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 22n' DAY OF APRIL 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M
Frank Farago, 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 22nd day of April, 2014, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
7
Planning Commission Resolution No. 2014 -XX
COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITSCOMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use No. PL 2013-136
SUBJECT: To construct an addition consistinq of 1,799 square feet of floor
area and 163 square feet of patio/balcony area and a Minor
Conditional Use Permit to allow a second level addition to an
existing nonconforming structure with a side setback of 0" (5' is
required).
PROPERTY Vincent and Terry Yang
OWNER(S): 24209 Bryn Athyn Way
Diamond Bar, CA 91765
APPLICANT: Rupert Mok
829 S. Lemon Ave. Suite All -B
Diamond Bar, CA 91789
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:
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. PL2013-136 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:
8
DRIMCUP NO. PL2013-136
(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. PL2013-136, 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. 2014 -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.
& 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.
9
DR/MCUP NO, PL2013-136
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.
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review and Minor Conditional Use Permit No.
PL2013-136 expires within two years from the date of approval if the use has
not been exercised as defined per Diamond Bar Municipal Code (DBMC)
Section 22.66.050 (b)(1). The applicant may request in writing a one year time
extension subject to DBMC Section 22.60.050(c) for Planning Commission
approval.
1. The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, collectively attached referenced as site plans, floor
plans, architectural elevations, and landscape plans on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
2. All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc., shall be located out of public view and adequately screened
through the use of a combination of concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the Planning Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
10
DR/MCUP NO. PL2013-136
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
F:NmmEL9[01wt-ol "UTT-19
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized by
the City to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
1 An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) as specified in
the Storm Water BMP Certification. Please refer to City handouts.
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. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
1 Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development
11
DPJMCUP NO, PL2013-136
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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
1. At the tirne of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e., 2013 California Building Code
series) requirements and all other applicable construction codes, ordinances
and regulations in effect.
2, Provisions for Cal Green shall be implemented onto plans and certification shall
be provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
Construction shall conform to the current Cal Green Code.
3. Only one single family dwelling is allowed on this property unless specifically
approved otherwise per CBC 202. Only a single existing kitchen is allowed in
this home.
4. The loft areas on the second floor are not to be used for sleeping purposes due
to lack of emergency egress openings.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL:
1. Fire Department approval is required for fire flow availability due to enlarging
home to greater than 3,600 square feet per CFC Appendix B105.2 and Table
B105.1.
2. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 119 and 150(k).
4. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required
per California Energy Code 150(o).
12
DRIMCUP NO. PL2013-136
5. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan submitted to
the Building and Safety Division.
6. All balconies shall be designed for 60lb/ft live load.
7. All easements shall be shown on the site plan.
8. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
9. Light and ventilation shall comply with CBC 1203 and 1205.
A
1 Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8. The
contractor shall complete all required forms and pay applicable deposits prior to
permit.
2. Prior to building permit issuance, all school district fees shall be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
3. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
4. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
1 Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within 180 days
from the date of such permit. Otherwise, permits will expire if work has
discontinued and not been signed -off on the job card by the building inspector
within a 180 day period.
2, Construction activities causing the operation of any tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall be conducted
Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m.
3. The project shall be protected by a construction fence to the satisfaction of the
Building Official. All fencing shall be view obstructing with opaque surfaces.
13
DR/MCUP NO, PL2013-136
4. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
5. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
6. A height and setback survey may be required at completion of framing and
foundation construction phases, respectively.
7. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
8. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
9. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
10. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any work.
11. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
12. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
13. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away from the
building at a 2% minimum slope. The final as -built conditions shall match the
grading/drainage plan or otherwise approved as -built grading/drainage plan.
14. Decks, roofs, and other flat surfaces shall slope at least 1/4" per foot with water
proofing material that has been approved and is listed. Guardrails shall be
provided for these surfaces at least 42" minimum in height, 4" maximum
spacing between rails, and capable of resisting at least 20 pounds per lineal
foot of lateral load.
15. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
M
14
DRIMCUP No. PL2013-136
foundin
project f||
EL MAAVMII��11'11 �
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER:
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*10� 1 �79 1 -
PROJECT LOCATION:
GENERAL PLAN DESIGNATION:
ZONING DISTRICT:
W
April 22, 2014
Development Review No. PL2013-493
22925 Ridge Line Road
Diamond Bar, CA 91765 (APN 8713-005-007)
Rural Residential (RR)
Rural Residential (RR)
Vipin Vadecha
22925 Ridge Line Road
Diamond Bar, CA 91765
APPLICANT: Syed Raza & Associates, Inc.
12600 Central Avenue
Chino, CA 91710
SUMMARY:
The applicant is requesting approval of a Development Review application to construct a
269 square -foot addition and fagade remodel to an existing 4,370 square -foot, two-level,
single-family residence. The proposed addition is limited to the street level, and does not
further encroach into the existing legal non -conforming front and rear setbacks, therefore,
does not require a Minor Conditional Use Permit.
RECOMMENDTIION:
Adopt the attached Resolution (Attachment 1) approving Development Review
No. PL2013-493, based on the findings of Diamond Bar Municipal Code (DBMC)
Section 22.48, subject to conditions.
The subject property is located in the Diamond Bar Country Estates (The Country) on the
north side of Ridge Line Road, west of Rocky View Road, and across from three Walnut
Valley Water District (WVWD) water tanks. The property was developed in 1978 with a
4,370 square -foot, two-level home and an attached two -car garage on a 65,776 gross
square -foot (1.51 gross acres) lot.
The property is legally described as Lot 31 of Tract No. 30091, and the Assessor's Parcel
Number (APN) is 8713-005-007.
The applicant has obtained approval of the proposed addition and fagade remodel from The
Diamond Bar Country Estates Association.
- -1 , 1 WITUA 11
The proposed addition consists of the following site plan and architectural components:
Site Plan
The existing home sits on a lot that slopes downward from the abutting street. The landscape
contains various trees and shrubs, including one Black Walnut tree situated on the east side
of the home. The applicant is proposing to preserve the Black Walnut tree in place during
construction activity. A condition of approval is included requiring an arborist report to
provide recommendations to protect the Black Walnut tree during construction. Chain link
fencing is also required to be installed at least five feet outside the drip line of the tree as a
minimum protective measure. If these protective measures fail to ensure the survival of the
tree during construction activity or within three years after approval of final inspection, a
minimum of three 24 -inch box Black Walnut or other protected species shall be planted on
the property.
In addition, the project includes the following site improvements and accessory structures
consisting of:
® Split face keystone retaining walls to support 324 cubic yards of fill to raise the grade
of the front yard and make it level with the parkway;
• New and enhanced landscaping within the front yard;
• Freestanding stucco finished walls with stucco finished pilasters, brick caps, and
decorative light fixtures; and
0 Replacement of existing concrete driveway with new concrete pavers and brick
edging, and a new entry walk way.
Architecture
'The applicant is proposing to construct a 269 square -foot addition and fagade remodel to an
existing 4,370 square -foot home consisting of the following:
0 218 square -foot addition at street level for a new bedroom, of which 122 square feet of
the addition will be converted from a portion of an existing 692 square -foot attached
garage area, resulting in a 570 square -foot, two -car garage;
51 square -foot prayer room addition and squaring of a circular portion of an existing
staircase area at the front elevation; and
Development Review No. PL 2013-493 Page 2 of 7
0 Fagade remodel with enhanced entry area in a Mediterranean style of architecture.
The height of the proposed entry area is 21'-3", measured from the finished grade to the
highest point of the roofline.
The proposed addition is designed to blend into the existing house by using the same
architectural elements and building materials as the existing residence and fagade remodel.
The fagade remodel is thematic of Mediterranean influences. Design features include:
0 Enhanced front entrance with new decorative iron front door, Tuscan columns,
concrete tile roof, and stone veneer base;
0 Quoin returns at edges and defining change of planes; and
Smooth sand stucco finish on exterior walls, cornice elements, and foam trims.
South (Front) Elevation
The following table provides the surrounding land uses located adjacent to the subject site.
Site Rural Residential RR Single -Family Residential
North Rural Residential/Medium RR/RMH Open Space/Multi-Family
Density Residential Residential
I Walnut Valley Water District
Ridge Line Reservoir and
South Rural Residential RR
Pump Station; and Single-
FamilV Residential
East Rural Residential RR Vacant
West 11 Rural Residential 11 RR I Single -Family Residential
Development Review No, PL 2013-493 Page 3 of -i
Sit �'=
Ad j a 11 c , e n , t Property to the We Project Site Adjacent Property to the East
AevW View of Project Site
ANALYSM
Development Review No, PL 2013-493 rage 4 OT I
Review Aut amond Bar Municipal a]
Additions to structures that substantially change the appearance of an existing residence or
are equal to or more than 50 percent of the existing habitable floor area of all existing
structures require Planning Commission approval of a Development Review (DR) application.
The purpose of a Development Review application is to ensure that new development and
additions to existing development are consistent with the General Plan "through the
promotion of high functional and aesthetic standards to complement and add to the
economic, physical, and social character" of Diamond Bar. The process ensures that new
development and intensification of existing development yields a pleasant living environment,
and attracts the interest of residents and visitors as the result of consistent exemplary design.
Development Standards- The following table compares the proposed project with the City's
development standards for residential development in the RR zone:
*Continuation of a legal nonconforming structure because the aaclition is iimiteci to ine grouna noor/sireei ievei grace.
Site and Grading Configuration. The site slopes downward in a northerly direction with an
elevation change of 222 feet from the highest to the lowest point of the lot. The existing
house is situated on the top of a down-sloping portion of the lot with a view of the surrounding
area. The applicant indicates that the proposed project will incorporate approximately
324 cubic yards of fill to level the front yard area and add useable open space at the front of
the property. A grading permit is required, and the review of grading plans is required as a
condition of approval, included in the resolution.
Development Review No. PL 2013-493 Page 5 of 7
Architectural Features, Colors, and Materials: The architecture of the existing residence
is a custom home originally built in 1978 with a Spanish theme. The addition will be
consistent with the fagade remodel of the house, including the smooth sand stucco finish for
the walls and a new concrete the roof above the entry. The fenestration will also match the
existing home by using dual pane, low -emissivity, vinyl windows, and a new decorative iron
front door. Architectural interest will be added by incorporating quoin returns, Tuscan style
columns, stone veneer, and stucco finished foam cornice and window trim.
Landscaping: Landscape plans are not required because the site is already developed, and
because the project is exempt from the City's Water Conservation Landscaping Ordinance.
The ordinance would only apply if 5,000 square feet or more of the existing landscaped area
was being altered. However-, landscaping that is damaged during construction will need to be
restored upon project completion. This requirement is included as a condition of approval.
............. ...........
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 project is designed to be compatible with
the character of the eclectic neighborhoods in The Country Estates. The addition will not be
intrusive to neighboring homes and respects existing views since the new floor area will not
project beyond existing building lines.
The project incorporates the principles of the City's Residential Design Guidelines as follows:
The proposed addition will conform to all development standards, including building
height and maintain existing nonconforming front and rear yard setbacks, which is
consistent with other homes in the neighborhood;
• The proposed addition is visually integrated with the primary structure by using similar
forms, colors, and materials;
• The addition is appropriate in mass and scale to the site and incorporates detailed
architectural elements;
• The proposed roof type, pitch, and materials match those of the Mediterranean style
and are consistent with the primary structure;
• Window type and dimensions, and other architectural features, such as smooth sand
finish stucco and concrete the roof, match those of the primary structure; and
e Large wall expanses without windows or doors are avoided.
The Public Works Department and Building and Safety Division reviewed this project, and
their comments are included in the attached resolution as conditions of approval.
Development Review No. PL 2013-493 Page 6 of 7
MOTME OF PUBUC HEARWAG-
On April 10, 2014, public hearing notices were mailed to property owners within a 1,000 -foot
radius of the project site. On April 11, 2014, the notice was published in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was
posted at the site, and a copy of the notice was posted at the City's three designated
community posting sites.
publiic Comments Received
No comments have been received as of the publication date of this report.
EWROHMENTAL ASSESSMEMT:
This project has been reviewed for compliance with the California Environmental Quality Act
(CEQA). Based on that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301
(e)(2) (additions to existing structures not resulting in an increase of more than 10,000 square
feet) of the CEQA Guidelines. No further environmental review is required.
Staff recommends that the Planning Commission adopt the attached resolution
(Attachment 1) approving Development Review No. PL 2013-493, to construct a 269 square -
foot addition and fagade remodel to an existing 4,370 square -foot, two-level, single-family
residence based on the findings of DBMC Section 22.48, subject to conditions of approval as
listed within the draft resolution.
Prepared by:
r''Espino
Jos
Pi --A
sant Planner ,
Attachments:
Reviewed by:
Senior Planner
1. Draft Resolution No. 2014-M and Standard Conditions of Approval
2. Site Plan, Floor Plans, Elevations, and Conceptual Landscape Plan
Development Review No. PL 2013-493 Page 7 of 7
MUM
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1 The property owner, Vipin Vadecha, and applicant, Syed Raza &
Associates, Inc., filed an application for Development Review
No. PL2013-493 to construct a 269 square -foot addition and fagade
remodel to an existing 4,370 square -foot, two-level, single-family
residence on a 65,776 gross square -foot (1.51 gross acres) lot located at
22925 Ridge Line Road, City of Diamond Bar, County of Los Angeles,
California. Hereinafter in this resolution, the subject Development Review
shall collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 65,776 gross
square feet (1.51 gross acres). It is located in the Rural Residential (RR)
zone with an underlying General Plan land use designation of Rural
Residential.
3. The legal description of the subject property is Lot 31 of Tract 30091. The
Assessor's Parcel Number is 8713-005-007.
4. On April 11, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On April 10, 2014, public notices were posted at the
City's designated community posting sites. On April 10, 2014, public
hearing notices were mailed to property owners within a 1,000 -foot radius
of the Project site. 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 April 22, 2014, 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.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301(e)(2) (additions to existing structures not resulting in an
increase of more than 10,000 square feet) of the CEQA Guidelines.
Therefore, no further environmental review is required.
B. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission
hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines,
and development standards of the applicable district, design guidelines,
and architectural criteria for special areas (e.g., theme areas, specific
plans, community plans, boulevards or planned developments):
The design and layout of the proposed addition to the existing single
family residence is consistent with the City's General Plan, City Design
Guidelines and development standards by complying with all of the
setbacks and requirements of the City's development code. The proposed
addition does not further encroach into the existing legal non -conforming
front and rear setbacks.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments,
and will not create traffic or pedestrian hazards:
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the
project site is designed for a single-family home and the surrounding uses
are also single-family homes. In addition, numerous trees—including a
2
Planning Commission Resolution No. 2014 -XX
protected Black Walnut tree—will remain by constructing a majority of the
addition within the existing building envelope and not extending the
existing building lines.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway
widths and is a continuation of an existing use,
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development
contemplated by Chapter 22.48: Development Review Standards, the
City's Design Guidelines, the City's General Plan, or any applicable
specific plan:
The new single-family home is designed to be compatible with the
character of the eclectic neighborhoods in The Country Estates. The
existing architectural style of the home is thematic. of Mediterranean
influences. The applicant is proposing to add floor area to an existing two-
level home at the street level and enhance the front fagade with a
Mediterranean architectural style.
The project is designed to be compatible and complementary to the
neighborhood by keeping similar architectural details prevalent in the
community, such as an enhanced entry supported by Tuscan columns,
stucco finished quoin returns at edges of defining change of planes, and
concrete the roof material. Also, a smooth sand stucco finish texture will
be applied to the exterior walls to carry the same application present on
the existing facade of the home. There is no specific plan for this area.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing:
The design of the existing single-family home is reminiscent of
Mediterranean influences. Consistent building elements have been
achieved through the utilization of similar architectural features and
building materials. The addition will not be intrusive to neighboring homes
and will not block existing views since the new floor area will not project
beyond existing building lines. The addition will be compatible to the
existing development and remain aesthetically appealing,
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values
or resale(s) of property) to the properties or improvements in the vicinity:
3
Planning Commission Resolution No. 2014 -XX
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution, and the
Building and Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements
in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA):
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e)(2) (additions to existing structures not resulting in an
increase of more than 10, 000 square feet) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions:
Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Prior to building permit issuance, a certified arborist report shall be
submitted for review and approval by the Planning Division. The arborist
report shall contain recommendations specifying protective measures to
preserve the Black Walnut tree from all construction activity. If the Black
Walnut tree dies during construction activity, or within three years after
approval of final inspection, a minimum of three replacement Black Walnut
trees or other protected species shall be planted on the property.
Replacement trees shall be a minimum box size of 24 inches.
3. Prior to the issuance of a demolition, grading or building permit, the
existing protected Black Walnut tree shall be enclosed by chain link
fencing with a minimum height of five feet or by another protective barrier
approved by the Community Development Director. A protective barrier
shall be placed at least five (5) feet outside the drip line of the tree to also
protect the existing surrounding grade. The fencing plan shall be shown
on the grading plan and other applicable construction documents and the
Planning Division shall be contacted to conduct a site visit prior to
commencement of any work to ensure this condition is met.
4. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
4
Planning Commission Resolution No. 2014 -XX
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, Vipin Vadecha, 22925 Ridge Line Road,
Diamond Bar, CA 91765; and applicant, Syed Raza & Associates,
Inc., 12600 Central Avenue, Chino, CA, 91710.
APPROVED AND ADOPTED THIS 22ND DAY OF APRIL 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
go
Frank Farago, 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 22nd day of April, 2014, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
5
Planning Commission Resolution No, 2014 -XX
- 441
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITSI, COMMERCIAL AND RESIDENTIAL NEW ANIRJ
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2013-493
SUBJECT: To construct a 269 square -foot addition and facade remodel to
an existing 4,370 square -foot, two-level, single family
residence.
PROPERTY Vipin Vadecha
OWNER(S): 22925 Ridge Line Road
Diamond Bar, CA 91765
APPLICANT: Syed Raza & Associates, Inc.
12600 Central Avenue
Chino, CA 91710
LOCATION: 22925 Ridge Line Road, Diamond Bar, CA 91765
111 11
1 11 IN III
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. In accordance with Government Code Section 66474.9(b)(1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers,
agents and employees, from any claim, action, or proceeding to attack,
set-aside, void or annul, the approval of Development Review
No. PL 2013-493 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents
and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
6
Planning Commission Resolution No. 2014 -XX
(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 has filed, within twenty-one (21) days of
approval of this Development Review No. PL2013-493, at the City of
Diamond Bar Community Development Department, an affidavit stating
that the applicant/owner is 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, 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. 2014 -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, grading and architectural plans
incorporating all Conditions of Approval — if applicable — shall be submitted
for Planning Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use
has commenced, whichever comes first.
10. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
7
Planning Commission Resolution No. 2014 -XX
C.
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 No. PL2013-493 expires within two
years from the date of approval if the use has not been exercised as
defined pursuant to Diamond Bar Municipal Code (DBMC)
Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c),
the applicant may request, in writing, a one-year time extension for
Planning Commission consideration. Such a request must be submitted
to the Planning Division prior to the expiration date and be accompanied
by the review fee in accordance with the Fee Schedule in effect at the time
of submittal.
1. This approval is for the site plan, elevations, and exterior materials for the
construction of a 269 square -foot addition and fagade remodel to an
existing 4,370 square -foot, two-level, single-family residence at
22925 Ridge Line Road, as described in the staff report and depicted on
the approved plans on file with the Planning Division, subject to the
conditions listed below.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below. If
the plan check submittal is not in substantial compliance with the
approved Development Review submittal, the plans may require further
staff review and re -notification of the surrounding property owners, which
may delay the project and entail additional fees.
E3
Planning Commission Resolution No. 2014 -XX
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when
work for any phase of the project has been completed. The applicant shall
inform the Planning Division and schedule an appointment for such an
inspection.
4. The above conditions shall run with the land and shall be binding upon all
future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed
as a condition of the approval shall constitute a violation of the City's
Development Code. Violations may be enforced in accordance with the
provisions of the Development Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to obtain
a building final and/or a certificate of occupancy until full compliance is
reached. The City's requirement for full compliance may require minor
corrections and/or complete demolition of a non-compliant improvement,
regardless of costs incurred where the project does not comply with
design requirements and approvals that the applicant agreed to when
permits were pulled to construct the project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
7. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
10. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
9
Planning Commission Resolution No. 2014 -XX
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who
has been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
insure that the waste contractor used has obtained permits from the City
of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform
to national Pollutant Discharge Elimination System (NPDES) standards
and incorporate the appropriate Best Management Practices (BMP's) as
specified in the Storm Water BMP Certification. Please refer to City
handouts.
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.
Additionally, all construction equipment shall be properly muffled to reduce
noise levels.
1. 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.
10
Planning Commission Resolution No. 2014 -XX
Z 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.
& 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 6 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.
8. 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.
9. 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.
110, Rough grade certifications by project soils and civil engineers shall be
submitted prior to issuance of building permits for the foundation of the
residential structure. Retaining wall permits may be issued without a
rough grade certificate.
11
Planning Commission Resolution No. 2014 -XX
11. Final grade certifications by project civil engineers shall be submitted to
the Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
1. Detailed drainage system information of the lot with careful attention to
any flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels, unless
that is the natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. At the time of plan check submittal, plans and construction shall conform
to current State and Local Building Code requirements and all other
applicable construction codes, ordinances and regulations in effect.
2. Provisions for Cal Green shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current Cal Green
Code.
1. The minimum design load for wind in this area is 110 M.P.H. exposures
"C" and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
2. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy
or equivalent per the current California Energy Code 119 and 150(k).
3. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and
retaining wall(s) locations. These plans shall be consistent with the site
plan submitted to the Building & Safety Division.
4. "Separate permits are required for retaining walls" and shall be noted on
plans.
12
Planning Commission Resolution No. 2014 -XX
5. All easements shall be shown on the site plan.
6. Fire Department approval shall be required. Contact the Fire Department
to check the fire zone for the location of your property. If this project is
located in Fiicih Hazard Fire Zone, it shall meet requirements of the fire
zone per CBC Chapter 7A.
a. All unenclosed Linder -floor areas shall be constructed as exterior
wall.
b. All openings into the attic, floor and/or other enclosed areas shall
be covered with corrosion -resistant wire mesh not less than 1/4
inch or more than 1/2 inch in any dimension except where such
openings are equipped with sash or door.
C. Eaves shall be protected.
d. Exterior construction shall be one-hour or non-combustible.
e. LA County Fire shall approve plans for fire flow availability due to
home being over 3600 sf as required per CFC Appendix 8105.1.
7. All retaining walls shall be separately submitted to the Building and Safety
and Public Works/Engineering Departments for review and approval. The
locations of the retaining walls and any surcharges shall be considered in
the design. The retaining walls and grading shall not affect the existing
structure including existing window openings.
8. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to, The soils report shall specifically address
requirements for the Keystone walls and the required design criteria.
Structural design shall be consistent with the soils report.
9. Slope setbacks shall be consistent with California Building Code
Figure 1805.3.1 and California Residential Code R403.1.7. Foundations
shall provide a minimum distance to daylight.
11 lo 11, 1!111 1
1 Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8. The contractor shall complete all required forms and pay
applicable deposits prior to permit.
2. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification. The grading plans shall show the layout of
the retaining walls, topographical information, extent of grading, and
heights of walls to be approved by the City grading consultant and
Building and Safety.
13
Planning Commission Resolution No. 2014 -XX
3. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
4. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
1. Every permit issued by the building official under the provisions of this
Code shall expire and become null and void unless the work authorized by
such permit is commenced within one -hundred -eighty (180) days after
permit issuance, and if a successful inspection has not been obtained
from the building official within one -hundred -eighty (180) days from the
date of permit issuance or the last successful inspection. A successful
inspection shall mean a documented passed inspection by the city
building inspector as outlined in Section 110.6.
2. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Monday — Saturday between the hours of 7:00 a.m. and
7:00 p.m.
3. The project shall be protected by a construction fence to the satisfaction of
the Building Official. All fencing shall be view obstructing with opaque
surfaces.
4. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and
weeds.
5. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
6. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.)
7. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
8. The applicant shall contact Dig Alert and have underground utility
locations marked by the utility companies prior to any excavation. Contact
Dig Alert by dialing 811 or their website at www.digalert.org.
14
Planning Commission Resolution No. 2014 -XX
9. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
10. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
11. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
12. Drainage patterns shall match the approved grading/drainage plan from
the Public Works/Engineering Department. Surface water shall drain
away from the building at a 2% minimum slope. The final as -built
conditions shall match the grading/drainage plan or otherwise approved
as -built grading/drainage plan.
13. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft. with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42" minimum in height, 4" maximum spacing
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
14. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
15. All plumbing fixtures including
fixtures installed consistent with
1101.8.
A 7kro,
15
existing areas shall have low flow type
California Civil Code Section 1101.1 to
Planning Commission Resolution No. 2014 -XX
Agenda Item 7.2 — DR PL2013-493
Property Address: 22925 Ridge Line
Plans found in project file
7ffL AM
PENN A a � � MEN)
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 TEL, (909) 839-7030 - FAX (909) 861-3117
MEETING DATE:
ZONING DISTRICT:
PROJECT LOCATION:
PROPERTY OWNER:
W
April 22, 2014
Conditional Use Permit No. PL 2014-433
Professional Office (OP)
Neighborhood Commercial (C-1)
3203 S. Brea Canyon Road, Suite A
Diamond Bar, CA 91765 (APN 8235-028-035)
Raphael Arnon
11616 Ventura Blvd.
Studio City, CA 91604
APPLICANT: Carolyn An
3209 S. Brea Canyon Road, Suite E
Diamond Bar, CA 91765
The applicant is requesting approval of a Conditional Use Permit (CUP) to operate an
871 square -foot math tutoring school located within Peppertree Plaza. A Conditional
Use Permit is required for tutoring schools in the C-1 zone. The existing unit is currently
vacant.
Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit
No. PL2014-433, based on the findings of Diamond Bar Municipal Code (DBMC)
Section 22.58, subject to conditions.
Socal Mental Math Education Center is proposing to relocate within Peppertree Plaza,
located on the west side of Brea,CanyonRoad, between Diamond Bar Boulevard and
Cool Springs Drive. The center is comprised of six buildings, totaling 26,439 square
feet. The center was constructed with 138 parking spaces.
The business is currently located within a 980 square -foot lease space at 3209 S. Brea
Canyon Road, Suite E. The business owner would like to relocate to the proposed unit
because there are more windows in the unit, which provides more natural light into the
classrooms. The proposed unit was previously occupied by a music school without a
CUP, was in operation prior to the City's incorporation, and closed in 2009.
EmLq®e�crr'I�tl®�
Socal Mental Math Education Center is an afterschool program with over eight years of
experience serving students in Diamond Bar. Socal also has schools in two other
locations (San Marino and Irvine). Socal provides instruction to children ranging in age
from eight to twelve. Children are accompanied by parents or other adults responsible
for their care as they are dropped off and picked up, and will be required to wait inside
of the business until they are picked up by an adult.
The applicant proposes to occupy an 871 square -foot lease area and operate a tutoring
school within the center. The center consists of tutoring facilities, day care, dental office,
and service uses.
The proposed tenant space is comprised of a reception area at the front of the unit, two
classrooms, a student waiting room (for children waiting to be picked up by an adult
after class), and a restroom area at the rear. The classrooms will be utilized to operate
one class for math tutoring during after-school hours on Mondays through Fridays
between 1:00 p.m. to 5:45 p.m. and Saturdays between 9:00 a.m. to 3:15 p.m., and
another class for piano lessons on Mondays through Fridays between 3:00 p.m. to
5:00 p.m. by appointment only. Each class is one hour long with 15 minute breaks
between each class. There will be a maximum of 6 students and 2 staff members at
any one time.
Conditional Use Permit No. PL 2014-433 Hage z OT b
CJI �` 1N3
Conditional Use Permit No, PL 2014-433 rage 6 of u
in 1121—�Memlal
The following table describes the surrounding land uses located adjacent to the subject
property:
---------- Tutoring 'Schools, Daycare,
-1:][ etntral 0
ENeIghborhood Commercial
Site (C) C-1 Dental Office, and Personal
(C) Services
North Low medium Density RLM Single Family Residential
Residential (RLI ]IF
G�
South Professional Office (OP) C-1 Gas Stations
Retail,
, P
a Pe
f cRetail, Professional Office
P���
�fessional Office (OP) C-1 and Personal Services
West 11 N/A 11 N/A 11 SR 57
M.3tic l:
DBI . . . . . . .
A CUP is required for uses whose effect on the surrounding area cannot be determined
before being analyzed for suitability at a particular location.
Conditional Use Permit No. PL 2014-433 Nage 4 OT b
9:00 — 10:00 AM
Closed
Math Class
10:00 — 10:15 AM
Closed
Break
10:15 — 11:15
Closed
Math Class
1115 — 11:30
Closed
Break
11:30 — 1:00
Closed
Closed
---1—.00— 2:00 PM
Math Class
Math Class
— Closed
2:00 — 2:15
Break
Break
2.15 — 3:15
Math Class
Math Class
3:15 — 3:30
Break
3-30 — 4:30
Math Class
Closed
4.30 — 4:45
Break
4.45 — 5:45
Math Class
DBI . . . . . . .
A CUP is required for uses whose effect on the surrounding area cannot be determined
before being analyzed for suitability at a particular location.
Conditional Use Permit No. PL 2014-433 Nage 4 OT b
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the proposed
use is likely to be detrimental to the general peace, health and general welfare, then it
must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are
binding on all successors in interest. In other words, if the owner of the proposed math
tutoring school were to close the business, a new tenant could locate in the space and
operate the same type of business. The new tenant would be required to comply with
the same conditions as the previous tenant and would not be permitted to expand the
tutoring school without full review and approval by the Planning Commission.
Commercial centers between 20,000 and 50,000 square feet in size are required to
provide one parking space for every 250 square feet of gross floor area. The parking
requirements for businesses approved under a CUP (i.e., schools, tutoring,
health/fitness studios, etc.) are calculated separately.
Peppertree Plaza provides 138 off-street parking spaces. The existing gross floor area
of the center—excluding the proposed math tutoring school and all other uses requiring
a CUP—is 7,385 square feet, and therefore requires 30 parking spaces. The remaining
108 spaces are thus available to serve the businesses that require a CUP.
The tutoring center requires one parking space for every 200 square feet of gross floor
area and one parking space for each employee. Since the tutoring school will occupy
871 square feet of gross floor area and maintain a maximum of 2 employees at any one
time, a minimum of six parking spaces are required. All other uses in the center require
132 parking spaces. With 138 spaces provided on site, the parking complies with the
City's Development Code requirement.
Conditional Use Permit No, PL 2014-433 Page 5 of 8
City's Development Code Parking Requirement
Shoppinq Center
7.385 1 1/250 square feet 1 30
Montessori Day Care
5,000
1/10 children plus
1 space / employee
19
Dance Studio
4,500
1/200 sq. ft. plus
1 space / employee
24
Epitome Academy
-11,840
1/200 sq. ft. plus
11
(Tutoring School)
-
1 space / employee
Little Lyceum
900
1/200 sq. ft. plus
6
(Tutoring School)
1 space / employee
The Book Club
900
1/200 sq. ft. plus
6
(Tutoring School)
1 space / employee
Math 2
7510
1/200 sq. ft. plus
5
(Tutoring School)
1 space / employee
School Connection
4,2293
1/200 sq. ft. plus
31
(Tutoring School)
1 space / employee
Proposed Math Tutoring
871
1/200 sq. ft. plus
6
School
1 space / employee
-
I Total 126,439 1 1 13105 1 13 08 1
When reviewing parking impacts on commercial centers, the various uses and peak
business hours for those uses are taken into consideration. The existing plaza has
uses ranging from dental office, retail, drycleaner, daycare and specialized education
uses. The varying uses result in a range of peak business hours and parking demands.
The peak parking demand typically occurs on weekdays from 9 a.m. to 6 p.m. However
approximately half of the businesses in the center are specialized education uses during
after school hours. The proposed tutoring school will have limited classes on weekday
afternoons and four hours on Saturdays. In addition, by breaking up the start times of
each class into 15 minute intervals, the overlap of student drop off and pick up trips at
the same time is avoided. Therefore, there will be a limited demand for parking spaces
during the school's operating hours.
Based on the business proposal, 8 parking spaces are required to accommodate the
parking for two instructors and the arrival of 6 students at the start of each class.
Because class times between classrooms are staggered by fifteen minutes, the overlap
between trips is not expected to generate in a peak demand of more than six parking
spaces during the brief period of transition between outgoing and incoming students.
Conditional Use Permit No. PL 2014-433 Page 6 of 8
In light of the staggered scheduled proposed, staff does not foresee any parking issues
resulting from the proposed use. The existing parking supply is adequate and can
accommodate the proposed tutoring school. In addition, the proposed 'tutoring school
will not increase any square footage to the existing building, and currently the center is
not heavily congested or utilized.
C 6m pat! ood
The existing business is located within an existing neighborhood center, surrounded by
commercial uses to the south and east, and single-family residences to the north.
The plaza has a variety of uses, including a daycare, dental office, drycleaner and retail
business. In addition, there are several tutoring facilities, which is compatible with the
proposed math tutoring school by providing after-school educational opportunities for
local children. Given the proposed hours of operation, the availability of parking, and
the types of adjoining uses, it is reasonable to conclude that the tutoring school will be
compatible with the other uses in the center.
MDQ 1 Rea
The applicant will be required to obtain building permits for any tenant improvements as
well as complete accessibility improvements—such as interior signage and minor
bathroom upgrades—necessary to comply with the Americans with Disability Act (ADA)
inside the tenant space. In addition, phased upgrades for accessible path of travel from
the accessible parking stall to the building will be required. Socal will be required to
contribute in the preparation for future ADA upgrades by removing an existing palm tree
and relocate the sprinklers in the landscaped planter area to allow for grading of the
area in order to construct a path of travel.
Socal will not be installing the full ADA improvements required at this property. The site
is required to provide an accessible path of travel from the accessible parking space to
the building. The building owner and the tenant are responsible for complying with the
ADA standards. Rather than putting the onus on a property owner or a single tenant to
fully upgrade the entire property to current ADA standards, the City is working with
property owners and business owners using a phased approach, which would require a
tenant who alters an existing facility in any way that affects usability to contribute in the
ADA upgrade endeavor. When the costs for the alterations are considered
disproportionate—in which they exceed 20 percent of the cost of the overall alteration—
applicants are required to upgrade a proportionate amount of their construction costs
towards accessible upgrades.
The Public Works Department and Building and Safety Division reviewed this project
and included their comments in the attached resolution as conditions of approval.
Conditional Use Permit No. PL 2014-433 Page 7 of 8
Public hearing notices were mailed to property owners within a 500 -foot radius of the
project site on April 10, 2014, and the notice was published in the Inland Valley L
-Daily
Tribune and San Gabriel Valley Tribune newspapers on April 11, 2014. The project site
was posted with a notice display board, and a copy of the public notice was posted at
the City's three designated community posting sites.
340 -Si �VOJIMIA
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(a) (interior alterations involving partitions and electrical
conveyances) of the CEQA Guidelines. No further environmental review is required.
Prepared by:
Gr e Lee
Senior Planner
Attachments:
Reviewed by:
Greg Gubman, AICD
Community Development Director
1. Draft Resolution No. 2014 -XX and Conditions of Approval
2. Site Plan and Floor Plan
Conditional Use Permit No. PL 2014-433 Page 8 of 8
I
Property owner, Raphael Arnon, and applicant, Carolyn An, have filed an
application for Conditional Use Permit No. PL 2014-433 to operate an 871
square -foot tutoring school located within Peppertree Plaza. The project
site is more specifically described as 3203 S. Brea Canyon Road, Suite A,
Diamond Bar, Los Angeles County, California. Hereinafter in this
resolution, the subject Conditional Use Permit shall collectively be referred
to as the "Project" or "Proposed Use."
2. The subject property is comprised of a 2.54 gross acre parcel. It is
located in the Neighborhood Commercial (C-1) zone and is consistent with
the Professional Office land use designation of the General Plan.
1 The legal description of the subject property is described as Assessor's
Parcel Number is 8285-028-035.
4. On April 11, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley DailV
Bulletin newspapers. On April 10, 2014, public hearing notices were
mailed to property owners within a 500 -foot radius of the Project site and
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity.
5. On April 22, 2014, 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.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
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) (Interior alterations involving partitions and electrical
conveyances) 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 22.58, this Planning Commission
hereby finds and approves as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
'The Proposed Use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.10.030, Table 2-6, a tutoring school is
permitted in the C-1 zoning district with approval of a conditional use
permit. Through compliance with the conditions of approval stipulating the
manner in which the use must be conducted, the proposed use will be
compatible with neighboring uses in the commercial center and
surrounding neighborhood.
2. The Proposed Use is consistent with the general plan and any applicable
specific plan.
The Proposed Use is consistent with General Plan Strategy 1.3.3:
("Encourage neighborhood serving retail and service commercial uses') in
that the proposed tutoring school meets Strategy 1.3.3 because the
proposed tutoring school provides services to Diamond Bar residents.
The Project site is not subject to the provisions of any specific plan.
2
CUP No PL2014-433
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 Proposed Use is located within a multi -tenant commercial center
occupied by tutoring schools, day care, dental office, drycleaner, and
service uses, and shares similar traits with other operators, such as
various specialized educational uses. The varying uses result in a range of
peak business hours and parking demands. As such, the operational
characteristics and parking demands are compatible with the existing uses
within the center.
Through compliance with the conditions of approval stipulating the manner
in which the use must be conducted, the Proposed Use will be compatible
with the other uses within the shopping center.
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 Project site is located within an existing commercial neighborhood
center that currently has similar uses, such as private tutoring schools,
The Proposed Use is physically suitable with the subject site because it
will be located in an existing building and no additional square footage is
being proposed. In addition, the proposed use is intended to operate
within an existing commercial center and will be using existing access and
parking in the center.
5. Granting the conditional use permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located.
Prior to the issuance of any city permits, the Project is required to comply
with all conditions of approval within the attached resolution, and the
Building and Safety Division.
6. The proposed Project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed use is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(a) (Interior alterations involving partitions and electrical
conveyances) of the CEQA Guidelines.
3
CUP No. PL2014-433
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves Conditional Use Permit No. PL2014-433 subject to
the following conditions:
1 The establishment is approved as an tutoring school as described in the
application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit No. PL2014-433 dated April 22,
2014, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use". The Use shall be limited to a math tutoring school
with ancillary piano lessons.
2. The Use shall substantially conform to the approved plans as submitted
and approved by the Planning Commission and on file with the
Community Development Department.
3. This Conditional Use Permit shall be valid only for 3203 S. Brea Canyon
Road, Suite A, as depicted on the approved plans on file with the Planning
Division. If the proposed use moves to a different location or expands into
additional tenant spaces, the approved Conditional Use Permit shall
terminate and a new Conditional Use Permit, subject to Planning
Commission and/or City Council approval shall be required for the new
location. If the Use ceases to operate, the approved Conditional Use
Permit shall expire without further action by the City.
4. If, at any time, the City finds that the proposed Use is the cause of a
parking deficiency or other land use impact, the Community Development
Director may refer the matter back to the Planning Commission to
consider amending this Conditional Use Permit to address such impacts.
5. No changes to the approved scope of services comprising the use shall be
permitted unless the applicant first applies for an amendment to this
Conditional Use Permit, pays all application processing fees and receives
approval from the Planning Commission and/or City Council.
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, Raphael Amon, 11616 Ventura Blvd.,
Studio City, CA 91604; and applicant, Carolyn An, 3209 S. Brea
Canyon Road, Suite E, Diamond Bar, CA 91765.
4
CUP No PL2014-433
APPROVED AND ADOPTED THIS 22nd DAY OF APRIL 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
A01
Frank Farago, 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 22nd day of April, 2014, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Greg Gubman, Secretary
5
CUP No PL2014-433
:51 AZER-411 ih 1=11:10 �1_
PROJECT #: Conditional Use Permit No. PL2014-433
SUBJECT: To allow a tutoring school in an 871 square -foot space at
Peppertree Plaza
PROPERTY
OWNER(S): Raphael Arnon, 11616 Ventura Blvd., Studio City, CA 91604
APPLICANT: Carolyn An, 3209 S Brea Canyon Road, Suite E, Diamond
Bar, CA 91765
LOCATION: 3203 S Brea Canyon Road, Suite A, 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:
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 Conditional Use
Permit No. PL 2014-433 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its
officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
6
CUP No PL2014-433
(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 Conditional Use Permit No. PL 2014-433 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. The business owners and 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. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
6. Approval of this request shall not waive compliance with all sections of
the Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review. If
non-compliance with conditions of approval occurs, the Planning
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
7
CUP No PL2014-433
W
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department)
at the established rates, prior to issuance of building permits, as
required by the City. School fees as required shall be paid prior to the
issuance of building permit. In addition, the applicant shall pay all
remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The approval of Conditional Use Permit No. PL2014-433 shall expire
within two (2) years from the date of approval if the use has not been
exercised as defined per DBMC 22.66.050 (b)(1). The applicant may
request in writing a one year time extension subject to DBMC
Section 22.60.050(c) for Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
At the time of plan check submittal, plans and construction shall
conform to current State and Local Building Code (i.e. 2013 California
Building Code series will apply) requirements and all other applicable
construction codes, ordinances and regulations in effect.
2. The completion of the accessible path of travel not done by this tenant
shall be completed by future tenants as part of their scope of work.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN
APPROVAL:
Site improvements required under this permit shall be to prepare a
future area to be a future accessible stall and prepare the path of travel.
This shall be presented for review and approval through plan check with
a document requesting an unreasonable hardship waiver.
2. Site improvements are to be done by the tenant and notated on plans.
8
CUP No PL2014-433
3. This project shall comply with the energy conservation requirements of
the State of California Energy Commission. All lighting shall be high
efficacy or equivalent pursuant to the current California Energy Code
119 and 150(k).
4. "Separate permit shall be required for all wall signs" and shall be noted
on plans.
1. Solid waste management of construction material shall incorporate
recycling material collection pursuant to Diamond Bar Municipal Code
8.16 of Title 8. The contractor shall complete all required forms and
pay applicable deposits prior to permit.
2. AQMD notification is required at least ten days prior to any demolition.
Proof of notification is required at permit issuance.
3. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
r • •` • r •, • rr .I Eel X01. •
1. Every permit issued by the building official under the provisions of this
Code shall expire and become null and void unless the work authorized
by such permit is commenced within one -hundred -eighty (180) days
after permit issuance, and if a successful inspection has not been
obtained from the building official within one -hundred -eighty (180) days
from the date of permit issuance or the last successful inspection. A
successful inspection shall mean a documented passed inspection by
the city building inspector as outlined in Section 110.6.
2. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall
be conducted Monday — Saturday between the hours of 7:00 a.m. and
7:00 p.m.
3. All structures and property shall be maintained in a safe and clean
manner during construction. The property shall be free of debris, trash,
and weeds.
4. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
9
CUP No PL2014-433
5. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
6. The prepared path of travel shall have a cross -slope of no more than
two percent. This would include in the curb and gutter area of any
future path of travel. The contractor shall modify the slope to meet the
two percent cross -slope to be approved by the building inspector.
AM
10
CUP No. PL2014-433
Agenda Item 7.3 — CUP PL2014-433
Property Address: 3203 S. Brea Cyn
Plans found in project file