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Home My WebLink AboutPC 94-14PLANNING COMMISSION RESOLUTION NO. 94-14 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING THE APPEAL FOR ADMINISTRATIVE DEVELOPMENT REVIEW NO. 94- 3 AND CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1, AN APPLICATION TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF 1,291 SQUARE FEET, ONE (1) BAY GARAGE, AND DECK/PATIO COVER TO AN EXISTING TAO -STORY SINGLE FAMILY RESIDENCE OF 1,750 SQUARE FEET WITH A TWO CAR GARAGE, LOCATED AT 1243 S. DEERFIELD PLACE (LOT 53 OF TRACT MAP NO. 42565). A. Recitals 1. Chalikorn Mimi Chan has filed an application requesting an appeal of approval for Administrative Development Review No. 94-3 to construct a first and second story addition of 1,291 square feet, one (1) bay garage, and deck/patio cover to an existing two-story ,single family r residence of 1,750 square feet with a two (2) car garage. The project site is located at 1243 S. Deerfield Place, Diamond Bar, Los Angeles County, Cali- fornia, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Administrative Development Review application is refer- red to as "Application". 2. on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted r� General Plan, pursuant to the terms and provisions of the Office of Planning and Research Extension granted pursuant to California Government Code, Section 65361. 4. The Planning Commission of the City of Diamond Bar, on July 11, 1994 conducted a duly noticed public hearing on said Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune newspaper and the Inland Valley Bulletin newspaper on June 16, 1994. Forty-six property owners within a 300 -foot radius !of the project site were notified by mail on June 13, 1994. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15303, Class 3 of Article 19 of Division 13 of the California Code of Regulations. 3. The Planning Commission specifically finds and determines that, having considered the record as a whole, including the finding set forth below, and changes and alterations which have bee incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14'of the California Code of regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: T w". � � 'i, (a) The project relates to a site of approximately 14,400 square feet with a buildable pad area of approximately 10,000 square feet. The project site is developed with a two-story single family residence with a two (2) car garage located at 1243 S. Deerfield Place, City of Diamond Bar, California. The project site is zoned RPD -20,000- 2U (Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre) and has a contemplated General Plan Land Use Designation of RL (Low Density Residential). (b) The project involves the construction -of a first and second two-story addition of 1,291 square feet a one (1) bay garage, deck/patio cover. (c) Generally, the following zones and use surrounds the project site: to the north, south, and west is the RPD -20,000-2U Zones; and to the east is RPD -20,000 Zone and the San Bernardino County boundary line. (d) The nature, condition, and size of the site has been considered. The project site is adequate in size to accommodate the use. (e) This project is in compliance with Development Review Ordinance No.5 (1990). (f) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the contemplated General Plan. (g) Approval of this project will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (h) Approval of the design and layout of the project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or .pedestrian hazards. (i) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). 3 (j) The design of this project will provide a . desirable environment for its occupants and visiting public as well as its neighbors through cGn good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably, adequate level of maintenance. (k) The project site is adequately served by Longview Drive and Deerfield Place. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, collectively labeled as Exhibit "A" dated July 11, 1994 as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition which is free of debris both during and - after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by 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 utilized has obtained permits from the City of Diamond Bar to provide such services. (c) As noted within Exhibit "A" dated July 11, 1994, the face of the exterior walls of the first floor family room addition and the second floor bedroom addition shall maintain minimum code standards for separation distance to the exterior face of the adjacent retaining wall. Additionally, a minimum five (5) foot side yard setback shall be maintained from the face of the exterior walls of the first floor family room addition and the second floor bedroom addition to the property line. (d) All new materials and colors utilized to construct the first and second story addition shall match existing single family residence. 4 I �.. _. � .�r. �� _. e 1 _IC,�i -d4Ml, 1.,r i �2 U107 Mr , L i��ei� � iE (e) Before the building permit is finaled, applicant shall replace landscaping which is destroyed due to construction of this project. - In addition, planting materials adjacent to the sidewalk at Longview Drive shall be trimmed in order to provide a clearer line=of-site for vehicles turning on to Longview Drive. (f) The Applicant shall comply with Planning and Zoning, Building and Safety, and Engineering requirements. The Applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (g) This grant is valid for one year and must be exercised (i.e. construction)'within that period or this grant will expire. A One year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. (h) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community r Development Department, their affidavit stating that they are aware of and agree -to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee .pays remaining City processing fees. (i) Notwithstanding any previous subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 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 Behdin Shahin and Alavia Mandana, 1243 S. Deerfield Place, Diamond Bar, CA 9.1765 and Chalikorn Mimi Chan, 1253 Deerfield Place, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS THE 11TH DAY OF JULY, 1994, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I 5 BY: a r, Chairman I James DeStefano, Secretary of the Planning 'Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced,- passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of July, 1994 by the following vote: AYES: [COMMISSIONERS:] Meyer, Plunk, Fong NOES: [COMMISSIONERS:] Schad ABSENT: [COMMISSIONERS:] None ABSTAIN: [COMMISSIO ERS: Flamenbaum ATTEST: mes DIeStefan�, ecretary 6 Izl,V�k�r�.G�°�` �A,a��,a9k�~��rv��,�=tea �s