HomeMy WebLinkAboutPC 2001-23PLANNING COMMISSION
RESOLUTION NO. 2001-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-03,
MINOR CONDITIONAL USE PERMIT NO. 2001-03, AND
CATEGORICAL EXEMPTION, A REQUEST TO PERMIT A 243
SQUARE FOOT ROOM ADDITION. THE PROJECT SITE 1S
1008 JASON PLACE (LOT 24 OF TRACT MAP NO. 42569),
DIAMOND BAR CA.
A. Recitals.
1. The property owner, Connie Wong, and applicant, James Ables, have filed
an application to approve Variance No. 2001-03, Minor Conditional Use
Permit No. 2001-03, and Categorical Exemption for a property located at
1008 Jason Place, Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Variance, Minor Conditional Use Permit, and Categorical Exemption
shall be referred to as the "Application."
2. On June 12, 2001, 97 property owners within a 500 -foot radius of the project
site were notified by mail. On June 15, 2001, notification of the public
w-, hearing for this project was made in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers. Additionally, on June 15, 2001, a
notice of public hearing on a display board was posted at the site and
displayed for at least 10 days before the public hearing. Three other sites
were posted within the vicinity of the application.
3. On June 26, 2001, the Planning Commission of the City of Diamond 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. 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 (CEQA) and guidelines
promulgated thereunder. This is pursuant to Section 15301(e)(1), Article 19,
Chapter 3, Title 14, of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth1�,,,;�;
below, and changes and alterations which have been incorporated into and ^'
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission, hereby finds as follows:
(a) The project relates to a parcel at 1008 Jason Place (Lot 24 of Tract
No. 42569), Diamond Bar, CA. The parcel is .17 gross acres (7,200
square feet). The lot is a terraced, irregularly shaped buildable pad in
a hillside tract.
(b) The General Plan Land Use designation is Low Density Residential
(RL). The project site is zoned Single -Family Residence, RPD 20,000
2 U.
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(c) Generally, the following zones surround the subject site: to the north,
south, east and west is the RPD 20,000 2 U Zone.
(d) The application is a request to permit a 243 square foot room addition.
A Variance is required due to the room addition's five feet
encroachment into the rear setback and site coverage of 39.31
percent. A Minor Conditional Use Permit is required for expansion to
the legal nonconforming structure.
NONCONFORMING STRUCTURES
(e) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming incompatible with other structures in the
neighborhood.
The proposed project is a room addition of 243 square feet at rear of
the existing structure. A 120 square foot sunroom exists in the area
of the proposed addition and will be removed. The scale and
compatible configuration, building line, and lot coverage are similar to
surrounding residential properties in the subdivision. For example,
other properties on Jason Place have larger homes on smaller lots
than the subject site. Therefore, the structural alteration of the
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nonconforming structure would not result in the structure becoming
incompatible with other structures in the neighborhood
The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming inconsistent with the General Plan and any
applicable specific plan.
The project site, currently developed with a two-story., legal
nonconforming, single-family residence, was established before the
adoption of the City's General Plan. The adopted General Plan of
July 25, 1995, has a land use designation of Low Density Residential
(RL) for the project site. The proposed project of permitting a room
addition in the rear setback and that exceeds the site coverage
criteria requires approval of a Variance. Though the room addition
encroaches into the rear setback five feet, it is not intrush a to the
downhill neighbor at the rear of the property.
The proposed project complies with the City's General Plan objectives
and strategies related to single-family residents. The scale and
compatible configuration, building line, and lot coverage are' similar to
surrounding residential properties in the subdivision. For example,
other Jason Place properties have larger homes than the subject site
on smaller lots. Therefore, the proposed project is consistent with
y " land use density and capability to surrounding properties required by
the General Plan. The project is consistent with City Design
Guidelines and, with the approval of a Variance and Minor
Conditional Use Permit, it is consistent with the City's Development
Code. There is no applicable specific plan.
(g) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming a restriction to the even,ual/future
compliance with the applicable regulations of this Development Code.
The existing parcel was created by Tract Map No. 42569 :approval.
Lot 24 is 7,200 square feet and one of the smaller lots in the RPD
20,000 2 U Zone. The existing structure including the sunroom was
completed with building permits.
The current structure is a legal nonconforming structure. This is
defined as any parcel or structure that was legally created or
constructed prior to the November 3, 1998, adoption of the current
Diamond Bar Development Code, and which does not conform to
current code provisions/standards prescribed for the zoning district in
which the use is located. In this case, it is the rear setback
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requirement of 20 feet for this irregularly shaped lot. The rear setback
to the main structure varies from 19.5 feet to 18.3 feet and to the
room addition varies from 18.3 feet to 15 feet from the property line.li '
The total site coverage is 39.13 percent and the rear setback variance
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and site coverage variance are consistent with other products in the
vicinity. The proposed project conforms to the applicable provisions
of the Development Code with the approval of a Variance and Minor
Conditional Use Permit. Therefore, the room addition would not result
in the structure becoming a restriction to the eventual/future
compliance with the applicable regulations of this Development Code.
(h) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming detrimental to the health, safety, and
general welfare of persons residing in ,the neighborhood.
City permits, structural plan check, inspections and soils reportz;; and
Fire Department approvals are required for construction. These will
ensure that the finished project will not be detrimental to the public
health, safety, or'welfare, or materially injurious to the properties or
improvements in the vicinity.
Additionally, the terrain in the vicinity of Jason Place and Thunder
Trail is hilly. The subject site is at the top of a slope, the easterly
neighbors at the rear are at a lower elevation. The single story
structure will not affect the northerly, westerly, or southerly neighbors.
By maintaining the allowed height requirements, the. proposed
residential structure allows view corridors for the neighboring
properties. Therefore, the proposed residence will not be significantly
detrimental with respect to view blockage impact.
Also, as stated in Findings 4(e) -(g), the addition, enlargement,
extension, reconstruction, relocation or structural alteration of the
nonconforming structure would not result in the structure bec'koming
detrimental to the health, safety, and general welfare of pc--rsons
residing in the neighborhood.
(i). The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming detrimental and/or injurious to property and
improvements in the neighborhood.
As stated in Findings 4(e) -(h), the addition, enlargement, extension,
reconstruction, relocation or structural alteration of the nonconforming
structure would not result in the structure becoming detrimental and/or
injurious to property and improvements in the neighborhood.
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MINOR CONDITIONAL USE PERMIT
(j) 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 proposed use of expanded single-family residence is allowed in
the RPD 20,000 2 U Zone. The application is to add a room addition
that encroaches into the rear setback five feet. The proposed project
would expand existing lot coverage from 37.5 percent to 39.31
percent. Section 22.08.040 of the Diamond Bar Development Code
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 nonconforming parcels may apply for a Minor
Conditional Use Permit for expansion of a nonconforming structure.
The room addition is considered part 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.
As stated in Finding 4(f), the proposed use is consistent with the
General Plan and there is no applicable specific plan.
(1) The 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 243 square foot room addition, placement
in the rear of the property and absence of street visibility will minimally
impact surrounding properties. Therefore, the proposed use is
compatible with the existing and future land uses in the vicinity.
(m) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provisions of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
As stated in Findings (e) -(j), the room addition is suitable for the type
F T and density/intensity of use, access, utilities, compatibility with
adjoining land uses and the absence of physical constraints.
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VARIANCE
(n) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to person, property or improvements in the vicinity
and zoning districts in which the property is located.
As stated in Finding (h), granting the Minor Conditional Use Permit will
not be detrimental to the public interest, health, safety, convenience,
or welfare, or materially injurious to person, property or improvements
in the vicinity and zoning districts in which the property is located.
(o) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality, Act of,1970 (CEQA), Section 15301(e)(1).
(p) 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.
The Variance request is to allow a reduction in the rear setback of five
feet for a room addition and for an increase in site coverage from 37.5
percent to 39.31 percent. The project site is contained within an older
subdivision that predates the current Diamond Bar Development
Code. A residential structure in the RPD 20,000-2 U Zone is required
to maintain a 20 feet rear setback per the Development Code. The
existing rear setbacks vary from 19.5 feet to 18.3 feet. The proposed
structure's setback is 15 feet, an encroachment of five feet. The
subject site is irregularly shaped and the main structure's placement
indicates the setback reduction is not adjacent to a residence and
abuts the downhill slope. An existing sunroom of 120 square feet in
the same area at the rear of the property will be removed to allow for
I the replacement of the 243 square feet room addition.
The proposed project would expand existing lot coverage from 37.5
percent to 39.31 percent. It is anticipated that the setback reduction
impact will be insignificant even with the increase in site coverage. ,!
The fence at the top of the slope will remain to obscure the room
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addition from the downhill neighbors, and the room addition is
consistent with the color palette of the main structure. The scale and
compatible configuration, building line, and lot coverage are similar to
surrounding residential properties in the subdivision. For example,
other properties on Jason Place have larger homes on smaller lots
than the subject site (i.e., 1028, 1029, 1042, and 1054 Jason Place.)
The special circumstances applicable to the property of size, shape,
location surroundings and topography. Therefore, the strict application
of the Development Code regarding the application of the 20 feet rear
yard setback and the 30% maximum lot coverage requirements
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. _
(q) 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.
As stated in Finding (p), 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.
(r) Granting the Variance is consistent with the General Plan and any
applicable specific plan.
As stated above in Findings 4(f), granting the Variance is consistent
with the General Plan and there is no applicable specific plan.
(s) The proposed entitlement would _ot be detrimental to the public
interest, health, safety, convenienco, or welfare of the City.
As stated above in Finding 4 (h), the proposed entitlement would not
be detrimental to the public interest, health, safety, convenience, or
welfare of the City.
(t) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
s - The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301(e)(1).
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5. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following,;9�;R;,.4
conditions:
(a) The project shall substantially conform to site plan, floor plans,
elevations, and materials/colors board collectively labeled as
Exhibit "A" dated June 12, 2001, as submitted and approved by the
'Planning Commission, and as amended herein.
(b) The subject site shall be maintained in a condition that 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) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's °'
requirements along the project site's perimeter. The fence shall
remain at the buildable pad to ensure no construction equipment or
debris of any kind is placed within the vegetated area until released
by the Planning Division and the balance shall remain until the
Building Official approves its removal. Sanitation facilities shall be
provided during construction.
PUBLIC WORKS
(d) A fine grade certification shall be required before building final.
(e) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
minimum slope.
BUILDING AND SAFETY
(f) The single-family structure shall meet the 1998 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
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(g) The minimum design wind pressure shall be 80 miles per hour and
exposure.
(h) The single-family structure is located in "High Fire Zone" and shall
meet the following requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire;
(2) All enclosed under -floor areas shall be constructed as exterior
walls;
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/a inch nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum % inch
screen-.
(i) This single-family structure shall meet the State Energy Conservation
Standards.
Q) Plans shall include existing first floor.
(k) Plans shall be designed to meet City's expansive soil condition.
(1) Building setback from any slope (top or toe) shall meet the
requirements of Section 18 of the 1998 California Building Code.
(m) Prior to the issuance of any construction permits, the applicant shall
confirm with the Building and Safety Division whether a submittal of
construction plans to the Los Angeles County Fire Department for
review and approval is required.
PLANNING
(n)
(o)
The fence shall remain at the top. of the slope to obscure the room
addition from the downhill neighbors.
The front yard landscaping shall be restored to its existing condition
per site photos, prior to final inspection or issuance of a Certificate of
Occupancy.
Applicant shall comply with Planning and Zoning; Building and Safety
Division; and Public Works Division; and the application shall be
approved by the Fire Department.
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(q) The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental ,'dr
setting of the residential site to levels of dust, glare/light, noise, odor,'°y
traffic, or other disturbances to the existing residential neighborhood
and shall not result in significantly adverse effects on public services
and resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
(r) This `grant is valid for two (2) years' and shall be exercised
(i.e., construction) within that period or this grant shall expire. A one -
(1) year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(s) 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 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.
(t) 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 Connie Wong, 1008 Jason Place, Diamond Bar, 91765 and James
Ables, 19953 Valley Boulevard, Walnut, CA 91789.
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APPROVED AND ADOPTED THIS THE 26th DAY OF JUNE 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Bob Zirbes, Chairman
I, James DeStefano,. 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 261h day of June, 2001, by the following vote:
AYES: Kuo, Nelson, Tye, WC Ruzicka, Chair Zirbes
NOES:
ABSENT:
ABSTA N:
ATTEST:
Ja s DeStefam, Secretary
r--
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PLANNING COMMISSION
RESOLUTION NO. 2001-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-
03Y MINOR CONDITIONAL USE PERMIT NO. 2001-03, AND
CATEGORICAL EXEMPTION, A REQUEST TO PERMIT A 243
SQUARE FOOT ROOM ADDITION. THE PROJECT SITE IS
1008 JASON PLACE (LOT 24 OF TRACT MAP NO. 42569)y
DIAMOND BAR CA.
A. Recitals.
The property owner, Connie Wong, and applicant, James Ables, have filed an
application to approve Variance No. 2001-03, Minor Conditional Use Permit
No. 2001-03, and Categorical Exemption for a property located at 1008
Jason Place, Diamond Bar, Los Angeles County, California, as described
in the title of this Resolution. Hereinafter in this Resolution, the subject
Variance, Minor Conditional Use Permit, and Categorical Exemption shall
be referred to as the "Application."
On June 12, 2001, 97 property owners within a 500 -foot radius of the project
site were notified by mail. On June 15 ' 2001, notification of the public
hearing for this project was made in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers. Additionally, on June 15, 2001, a
notice of public hearing on a display board was posted at the site and
displayed for at least 10 days before the public hearing. Three other sites
were posted within the vicinity of the application.
3. On June 26, 2001, the Planning Commission of the City of Diamond 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:
The Planning Commission hereby specifically finds that all of the facts set
2. The Planning Commission hereby determines that the project identified above
in this Resolution is categorically exempt from the requirements of the
iF- California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated
thereunder. This is pursuant to Section 15301 (e)(1), Article 19, Chapter 3,
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole including
the findings set forth below, and changes and alterations which have
been incorporated into and conditioned upon the proposed project
set forth in the application, there is no evidence before this Planning
commission that the project proposed herein will have the potential
of an adverse effect on wild life resources or the habitat upon which
the wildlife depends. Based upon substantial evidence, this Planning
Commission hereby rebuts the presumption of adverse effects
4. Based upon the findings and conclusions set forth herein, this Planning
(a) The project relates to a parcel at 1008 Jason Place (Lot 24 of
Tract No. 42569), Diamond Bar, CA. The parcel is .17 gross
acres (7,200 square feet). The lot is a terraced, irregularly
(b) The General Plan Land Use designation is Low Density Residential (RL).
The project site is zoned Single -Family Residence, RPD 20,000 2 U.
(c) Generally, the following zones surround the subject site: to the north,
south, east and west is the RPD 20,000 2 U Zone.
(d) The application is a request to permit a 243 square foot room
addition. A Variance is required due to the room addition's five
feet encroachment into the rear setback and site coverage of
39.31 percent. A Minor Conditional Use Permit is required for
NONCONFORMING
(e) The addition, enlargement, extension, reconstruction, relocation
or structural alteration of the nonconforming structure would
not result in the structure becoming incompatible with other
The proposed project is a room addition of 243 square feet at rear of the
existing structure. A 120 square foot sunroom exists in the area of the
proposed addition and will be removed. The scale and compatible
configuration, building line, and lot coverage are similar to surrounding
residential properties in the subdivision. For example, other properties
on Jason Place have larger homes on smaller lots than the subject site.
nonconforming structure would not result in the
structure becoming incompatible with other
structures in the neighborhood
The addition, enlargement, extension, reconstruction,
relocation or structural alteration of the
The project site, currently developed with a two-story,
legal nonconforming, single-family residence, was
established before the adoption of the City's General
Plan. The adopted General Plan of July 25, 1995, has a
land use designation of Low Density Residential (RL)
for the project site. The proposed project of permitting
a room addition in the rear setback and that exceeds
The proposed project complies with the City's
General Plan objectives an d strategies related to
single-family residents. The scale and compatible
configuration, building line, and lot coverage are
similar to surrounding residential properties in the
subdivision. For example, other Jason Place
properties have larger homes than the subject site on
smaller lots. Therefore, the proposed project is
consistent with land use density and capability to
(g) The addition, enlargement, extension, reconstruction,
relocation or structural alteration of the
nonconforming structure would not result in the
The existing parcel was created by Tract Map No.
42569 approval. Lot 24 is 7,200 square feet and one of
the smaller lots in the RPD 20,000 2 U Zone. The
The current structure is a legal nonconforming
structure. This is defined as any parcel or structure
that was legally created or constructed prior to the
November 3, 1998, adoption of the current Diamond
3
requirement of 20 -feet for this irregularly shaped lot.
Therearselback to the main structure varies from 19.5 feet
to 18.3 feet and to the room addition varies from 18.3 feet
to 15 feet from the property line. The total site coverage is
39.13 percent and the rear setback variance and site
coverage variance are consistent with other products in
the vicinity. The proposed project conforms to the
applicable provisions of the Development Code with the
approval of a Variance and Minor Conditional Use Permit.
(h) The addition, enlargement, extension, reconstruction, relocation
or structural alteration of the nonconforming structure would
not result in the structure becoming detrimental to the, health,
City permits, structural plan check, inspections and soils
reporfzi; and Fire Department approvals are required for
construction. These will ensure that the finished project
will not be detrimental to the public health, safety,
Additionally, the terrain in the vicinity of Jason Place and
Thunder Trail is hilly. The subject site is at the top of a
slope, the easterly neighbors at the rear are at a lower
elevation. The single story structure will not affect the
northerly, westerly, or southerly neighbors. By
maintaining the allowed height requirements,
the.proposed residential structure allows view corridors
Also, as stated in Findings 4(e) -(g), the addition,
enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure
would not result in the structure be'..'.'-Oming detrimental
(i), The addition, enlargement, extension, reconstruction, relocation
or structural alteration of the nonconforming structure would
not result in the structure becoming detrimental and/or
As stated in Findings 4(e) -(h), the addition, enlargement,
extension, reconstruction, relocation or structural
alteration of the nonconforming structure would not result
MINOR CONDITIONAL USE PERMIT
(j) 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 proposed use of expanded single-family residence is
allowed in the RPD 20,000 2 U Zone. The application is to
add a room addition that encroaches into the rear setback
five feet The proposed project would expand existing lot
coverage from 37.5 percent to 39.31 percent. Section
22.08.040 of the Diamond Bar Development Code 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 nonconforming parcels
may apply for a Minor Conditional Use Permit for
(k) The proposed use is consistent with the General Plan and any
applicable specific plan.
As stated in Finding 4(f), the proposed use is consistent
(1) The 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 243
square foot room addition, placement in the rear of the
property and absence of street visibility will minimally
(m) The subject site is physically suitable for the type and
density/intensity of use being proposed including access,
provisions of utilities, compatibility with adjoining land uses,
As stated in Findings (e)-6), the room addition is suitable
for the type and densitylintensity of use, access, utilities,
compatibility with adjoining land uses and the absence of
VAR IANC
(n) Granting the Minor Conditional Use Permit will not be detrimental
to the public interest, health, safety, convenience, or welfare,
or materially injurious to person, property or improvements in
As stated in Finding (h), granting the Minor Conditional
Use Permit will not be detrimental to the public interest,
health, - safety, convenience, or welfare, or materially
(o) The proposed project has been reviewed in compliance with the
The environmental evaluation shows that the proposed
project is Categorically Exempt pursuant to the
guidelines of the California Environmental Quality Act of,
(p) 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
The Variance request is to allow a reduction in the rear
setback of five feet for a room addition and for an increase
in site coverage from 375 percent to 39.31 percent The
project site is contained within an older subdivision that
predates the current Diamond Bar Development Code. A
residential structure in the RPD 20YO00-2 U Zone is
required to maintain a 20 feet rear setback per the
Development Code. The existing rear setbacks vary from
19.5 feet to 18.3 feet The proposed structure's setback is
15 feet, an encroachment of five feet. The subject site is
irregularly shaped and the main structure's placement
The proposed project would expand existing lot coverage
from 37.5 percent to 39.31 percent. It is anticipated that
the setback reduction impact will be insignificant even
6
addition from the downhill neighbors, and the room
addition is consistent with the color palette of the main
structure. The scale and compatible configuration,
building line, and lot coverage are similar to surrounding
residential properties in the subdivision. For example,
The special circumstances applicable to the property of
size, shape, location surroundings and topography.
Therefore, the strict application of the Development Code
regarding the application of the 20 feet rear yard setback
and the 30% maximum lot coverage requirements denies
the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts
or creates an, unnecessary and non-seff created, hardship
(q) 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
As stated in Finding (p), 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
(r) Granting the Variance is consistent with the General Plan
As stated above in Findings 4(f), granting the Variance is
(s) The proposed entitlement would ;-ot be detrimental to the
As stated above in Finding 4 (h), the proposed entitlement
would not be detrimental to the public interest, health,
(t) The proposed entitlement has been reviewed in compliance
The environmental evaluation shows that the proposed
project is Categorically Exempt pursuant to the
5. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the
1910 1111111161
(a) The project shall substantially conform to site plan, floor plans,
elevations, and mate ri al s/colors board collectively labeled as
Exhibit "A" dated June 12, 2001, as submitted and approved
(b) The subject site shall be maintained in a condition that 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, whcx-has
been authorized by the City to provide collection, transportatiot
—, and disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It shall be the
applicarif s obligation to insure that the waste contractor
(c) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety
Division's requirements along the project site's perimeter. The
fence shall remain at the buildable pad to ensure no
construction equipment or debris of any kind is placed within
the vegetated area until released by the Planning Division and
the balance shall remain until the Building Official approves its
(d) A fine grade certification shall be requimd before building
(e) Drainage pattern shall be reviewed and 1-pproved by the Public
Works Division; surface water shall drain away from the
BUILDING AND
(f) The single-family structure shall meet the 1998 California Building
Code, California Plumbing Code, California Mechanical Code,
I' j —; —Y
(g) The minimum design wind pressure shall be 80 miles per hour
and "C" exposure.
(h) The single-family structure is located in "High Fire Zone" and
(1) All roof covering shall be "Fire Retardant, Class A"; tile
flame or members under the fire;
(2) All enclosed under -floor areas shall be constructed as
exterior walls;
(3) 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 nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum 1/2 inch
This single-family structure shall meet the State Energy
Plans shall include existing first
(k Plans shall be designed to meet City's expansive soil
Building setback from any slope (top or toe) shall meet the
requirements of Section 18 of the 1998 California Building
Code. Prior to the issuance of any construction permits, the
(m applicant shall confirm with the Building and Safety Division
whether a submittal of construction plans to the Los Angeles
County Fire Department for -review and approval is required.
PLANNING-. t -
(n)
The fence shall remain at the top. of the slope to obscure the
(o) The front yard landscaping shall be restored to its existing
condition per site photos, prior to final inspection or issuance
of a Certificate of Occupancy.
(p) Applicant shall comply with Planning and Zoning; Building and
Safety Division; and Public Works Division; and the application
shall be approved by the Fire Department.
71
(q) The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and
environmental setting of the residential site to levels of dust,
glare/light, noise, odor, traffic, or other disturbances to the
existing residential neighborhood and shall not result in
significantly adverse effects on public services and resources.
The single-family residence shall not be used for
commercial/in8titutional purposes, or otherwise used as a
separate dwelling. The property shall not be used for regular
(r) This 'grant is valid for two (2) years, and shall be exercised (i.e.,
construction) within that period or this, grant shall expire. A
one(1) year extension may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a
duly noticed public hearing in accordance with Chapter 22.72
(s) 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 and agree
to accept all the conditions of this grant. Further, this grant
shall not be effective until the permittee pays remaining City
(t) 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
The Planning Commission
(a) Certify to the adoption of this Resolution;
(b) Forthwith transmit a certified copy of this Resolution, by certified
mail to Connie Wong, 1008 Jason Place, Diamond Bar, 91765
Me
APPROVED AND ADOPTED THIS THE 26 DAY OF JUNE 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
1, James DeStefano, 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 26 1h day of June, 2001, by the following vote:
AYES: Kuo, Nelson, Tye, WC Ruzicka, Chair Zirbes NOES:
ABSENT: ABSTAIN: ATTEST:
2s DeStefam. Secret Ja s DeStefam, Secretary