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HomeMy WebLinkAboutPC 2001-15- PLANNING COMMISSION RESOLUTION NO. 2001-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-04 AND MINOR CONDITIONAL USE PERMIT NO. 2001-04 AND A CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN UNENCLOSED, FLAT, LATTICE PATIO COVER TO AN EXISTING SLAB WITHIN THE REAR YARD OF AN EXISTING SINGLE-FAMILY RESDIENCE. THE PROJECT SITE IS LOCATED AT 1451 MEADOW GLEN ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Julius and Jane Sutherland, and John and Alice Busteed and applicant, Ralph James, acting as the agent for West Coast Custom Rooms, has filed an application for a Variance No. 2001-04 and a Minor Conditional Use Permit No. 2001-04 for a property located at 1451 Meadow Glen Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Variance, Conditional Use �.._. Permit, and Categorical Exemption shall be referred to as the "Application." 2. On May 7, 2001, public hearing notices were mailed to170 property owners within a 500 -foot radius of the project site, and posted in three public places. On May 9, 2001, the project site was posted with a display board. On May 10, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 22, 2001, the Planning Commission of the City of D amond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. 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. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15303 (e). Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows:, (a) The project site is a developed residential property and the proposed project is the construction of a 248 square foot unenclosed , flat, lattice patio roof cover to be attached and located at the rear of an existing dwelling. (b) The project site has a General Plan land use designation of Low - Medium Residential (RLM). (c) The project site is zoned R-1-8,000. (d) Generally, the site is surrounded to the north, south, and east with R-1-8,000 zoned property. The property to the west is zoned R3- 16DU. Variance (e) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; As a part of Gn older subdivision, this 6,695 square foot legal non- conforming property is substantially smaller than the minimum 8,000 square foot lot size required under the current R-1-8,000 zoning, and Low -Medium Residential (RLM) General Plan Land Use designation. Application of the 30% maximum lot coverage requirement on the property imposes limitations on development of the site relative to containing the amenities afforded and enjoyed by surrounding property owners. (f) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; 2 r Employment of a rear yard area for private recreational uses are typical amenity afforded residential property owners. The proposed project is an improvement that exists on a number of residential properties of similar size and configuration surrounding the site. I (g) Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. (h) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed project improvements are contained within the confines of the property, and will not be visible from the public - rights of way. The proposed improvements are also considered minor in nature, and as such will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. I (i) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The project has been review pursuant to the provisions of the California Environmental Quality Act (CEQA), and the City has determined that the project is Categorically Exempt under the authority of Section 15303 (e). Minor Conditional Use Permit (j) 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. the Development Code and the Municipal Code; The original subdivision, improved parcels, and existing building lines for the property predate the current Diamond Bar Development Code. As such, the property constitutes a legal non- conforming parcel. The property, while meeting the required five foot (5) side yard setback on one side of the site, contains a seven foot (T) side yard setback on its opposite side, where ten feet (10') is required. This condition also exists on surrounding residential properties within the subdivision. 3 The proposed improvements are considered an appurtenant part of a residential dwelling, and as such is considered a permitted use within the zone. The proposed project would expand existing lot coverage from 37.5 percent to 41.2 percent. Section 22.08.040 of the Diamond Bar Development Code, as amended, requires that lot coverage within the zone not exceed a 30% maximum. Section 22.56.020 (B) of the Diamond Bar Development Code provides that legal non- conforming, parcels may apply for a Minor Conditional Use Permit for expansion of a non -conforming structure. The rear patio cover is considered an appurtenant portion of the residential dwelling, and as such constitutes a permitted use;within the zone. (k) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. (1) Design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; Lot size, configuration, building lines, and coverage on the proposed project are similar to surrounding residential properties within the subdivision. The proposed patio roof cover is a amenity typically afforded to residential properties. Its proposed 248 square foot size, placement in the rear of the property, and absence of street visibility will minimally impact surrounding properties. (m) The subject site is physically suitable for the type and density/intensity of use being proposed including accesrti; provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; and The project site is a developed residential site surrounded by similar residential properties. The minor addition to the existing residence will provide no additional impacts on the community. (n) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; l 4 Before the issuance of any City permits, the proposed project is required to: comply with all conditions set forth the approving resolution; and the Building and Safety Division; Public Works Division; and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to the submitted plans presented to the Planning Commission -and collectively labeled Exhibit "A" and dated May 22, 2(,01, as a amended herein. (b) Construction plans, inclusive of elevations shall be submitted for Planning Division approval prior to acceptance for plan check. (c) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be i done only by the property owner, the 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 utilized has obtained permits from the City of Diamond Bar to provide such services. (d) Construction Plans shall conf(:rm to State and Local Building Codes (i.e., 1998 editions of the Uniform Building Code, Plumbing Code, Mechanical Code and 19E-.8 edition of the National Electrical Code) as well as the State Energy Code. (e) This entitlement is valid for one year and must be exercised (i.e., construction started) within that period or this entitlement shall automatically expire. A six-month extension may be requested in writing and submitted to the City 30 days prior to the expiration date. I (f) 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 5 City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree�i� to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays applicable City processing fees, school fees and fees for the review of submitted reports. (g) All requirements of the Development Code and the underlying zone district shall be complied with unless modified by this entitlement. (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 and Development Services 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, school fees and fees for the review of submitted reports. (i) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the, applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: Julius and Jane Sutherland, 20850 Gold Run Drive, Diamond Bar, CA 91765, John and Alice Busteed, 7416 Island Drive, Anchorage, Alaska, 92504 and Ralph James, c/o West Coast Custom Rooms, 786 Pinefalls Avenue, Walnut, CA 91789 6_ � 1' -, APPROVED AND ADOPTED THIS 22nd OF MAY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: -_- - =- Bob Zirbes, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of May 2001, by the following vote: AYES: Zirbes, Ruzicka, -Nelson, Kuo, Tye NOES: None ABSENT: None ABSTAIN: None F ATTEST: mes DeStno, Secretary -- - PLANNING COMMISSION RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001- 04 AND MINOR CONDITIONAL USE PERMIT NO. 2001-04 AND A CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN UNENCLOSED, FLAT, LATTICE PATIO COVER TO AN EXISTING SLAB WITHIN THE REAR YARD OF AN EXISTING SINGLE-FAMILY RESDIENCE. THE PROJECT SITE IS LOCATED AT 1451 MEADOW GLEN A. RECITALS. The property owners, Julius and Jane Sutherland, and John and Alice Busteed and applicant, Ralph James, acting as the agent for West Coast Custom Rooms, has filed an application for a Variance No. 2001- 04 and a Minor Conditional Use Permit No. 2001-04 for a property located at 1451 Meadow Glen Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Variance, Conditional Use Permit, and Categorical Exemption shall be referred to 2. On May 7, 2001, public hearing notices were mailed to170 property owners within a 500 -foot radius of the project site, and posted in three public places. On May 9, 2001, the project site was posted with a display board. On May 10, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland 3. On May 22, 2001, the Planning Commission of the City of D amond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning 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. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirem ents of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15303 (e). Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows:, (4) The project site is a developed residential property and the proposed project is the construction of a 248 square foot unenclosed , flat, lattice patio roof cover to be attached and located at the rear of an existing dwelling. (b) The project site has a General Plan land use designation of LowMedium Residential (FILM). (c) The project site is zoned R-1 -8,000. (d) Generally, the site is surrounded to the north, south, and east with R- 1 -8,000 zoned property. The property to the west is zoned Varianc (e) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; As a part of &,i older subdivision, this 6,695 square foot legal nonconforming property is substantially smaller than the minimum 8,000 square foot lot size required under the current R- 1-8,000 zoning, and Low -Medium Residential (RLM) General Plan Land Use designation. Application of the 30% maximum lot coverage requirement on the property imposes limitations on development of the site relative to containing the amenities (f) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and Employment of a rear yard area for private recreational uses are typical amenity afforded residential property owners. The proposed project is an improvement that exists on a number of residential properties of similar size and (g) Granting the Variance is consistent with the General Plan and The proposed project is consistent with the goals, (h) The proposed entitlement would not be detrimental to the The proposed project improvements are contained within the confines of the property, and will not be visible from the publicrights of way. The proposed improvements are also considered minor in nature, and as such will not be (i) The proposed entitlement has been reviewed in compliance The project has been review pursuant to the provisions of the California Environmental Quality Act (CEQA), and the City has determined that the project is Categorically Exempt Minor Conditional Use (j) 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. the Development The original subdivision, improved parcels, and existing building lines for the property predate the current Diamond Bar Development Code. As such, the property constitutes a legal nonconforming parcel. The property, while meeting the required five foot (5) side yard setback on one side of the site, contains a seven foot (7) side yard setback on its opposite side, where ten feet (10') is required. This 3 The proposed improvements are considered an appurtenant part of a residential dwelling, and as such is The proposed project Would expand existing lot coverage from 37.5 percent to 41.2 percent. Section 22.08.040 of the Diamond Bar Development Code, as amended, requires that lot coverage within the zone not exceed a 30% maximum. Section 22.56.020 (B) of the Diamond Bar Development Code provides that legal nonconform i ngparce Is may apply for a Minor Conditional Use Permit for expansion of a non -conforming structure. The rear patio (k) The proposed use is consistent with the General Plan and any The proposed project is consistent with the goals, objectives (1) Design, location, size and operating characteristics of the proposed, use are compatible with the existing and future Lot size, configuration, building lines, and coverage on the proposed project are similar to surrounding residential properties within the subdivision. The proposed patio roof cover is a amenity typically afforded to residential properties. Its proposed 248 square foot size, placement in (m) The subject site is physically suitable for the type and density/intensity of use being proposed including acces„--.-, provision of utilities, compatibility with adjoinhg land uses, The project site is a developed residential site surrounded by similar residential properties. The minor addition to the -(n) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district 4 Before the issuance of any City permits, the proposed project is required to: comply with all conditions set forth the approving resolution; and the Building and Safety Division; Public Works Division; and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the (a) The project shall substantially conform to the submitted plans presented to the Planning Commission -and collectively (b) Construction plans, inclusive of elevations shall be submitted (c) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste 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 (d) Construction Plans shall conf(.,rm to State and Local Building Codes (i.e., 1998 editions of the Uniform Building Code, Plumbing Code, Mechanical Code and 19E-.8 edition of the (e) This entitlement is valid for one year and must be exercised (i.e., construction started) within that period or this entitlement shall automatically expire. A six-month extension may be requested in writing and submitted to the (f) 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 5 771 IT""TIT7- City of Diamond Bar Community and Development Services 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 applicable City processing fees, school fees and fees for the review of submitted reports. (g) All requirements of the Development Code and the underlying (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 and Development Services 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 (i) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project 'is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the, applicant shall also pay to the Department of Fish and The Planning Commission (a) Certify to the adoption of this Resolution; (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Julius and Jane Sutherland, 20850 Gold Run Drive, Diamond Bar, CA 91765, John and Alice Busteed, 7416 Island Drive, Anchorage, Alaska, 92504 and WRI APPROVED AND ADOPTED THIS 22nd OF MAY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob Zi--rbes, Uhairm-a_n-'_" 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of May 2001, by the following vote: AYES: Zirbes, Ruzicka, -Nelson, Kuo, Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: mes Dest no, Secretary