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HomeMy WebLinkAboutPC 2002-06A RESOLUTION OF THE PLANNING COMMISSION OF,THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-23, MINOR CONDITIONAL USE PERMIT NO. 2001-13 AND CATEGORICAL EXEMPTION 15301(E)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,209 SQUARE FEET TO AN EXISTING LEGAL NONCONFORMING, TWO-STORY, SINGLE- FAMILY RESIDENCE OF 3,025 SQUARE FEET INCLUDING DECKS, PORCH, PATIO, AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 22245 STEEPLECHASE LANE (LOT 171 OF TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Donald Hermann, and applicant, S & W Development have filed an application to approve Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13, for a property located at 22245 Steeplechase Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates," as described in the title of this Resolution. Hereinafter in this Resolution, the subjectDevelopment Review and Categorical Exemption shall be referred to , as the "Application." 2. On March 12, 2002, 75 property owners within a 500 -foot radius of the project site were notified by mail. On March 15, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and 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; as well as three other posted within the vicinity of the application. 3. On March 26, 2002, 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. PLANNING COMMISSION RESOLUTION NO. 2002-06 A RESOLUTION OF THE PLANNING COMMISSION OF,THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-23, MINOR CONDITIONAL USE PERMIT NO. 2001-13 AND CATEGORICAL EXEMPTION 15301(E)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,209 SQUARE FEET TO AN EXISTING LEGAL NONCONFORMING, TWO-STORY, SINGLE- FAMILY RESIDENCE OF 3,025 SQUARE FEET INCLUDING DECKS, PORCH, PATIO, AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 22245 STEEPLECHASE LANE (LOT 171 OF TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Donald Hermann, and applicant, S & W Development have filed an application to approve Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13, for a property located at 22245 Steeplechase Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates," as described in the title of this Resolution. Hereinafter in this Resolution, the subjectDevelopment Review and Categorical Exemption shall be referred to , as the "Application." 2. On March 12, 2002, 75 property owners within a 500 -foot radius of the project site were notified by mail. On March 15, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and 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; as well as three other posted within the vicinity of the application. 3. On March 26, 2002, 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)(2)(A) of Article 19 of 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 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 commissionhereby 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 22245 Steeplechase Lane (Lot 171 of Tract No. 30578), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.29 gross. A Restricted Use Area is at the rear of the property, however, the proposed project is not within this area. The lot is nearly rectangular shape and slopes downward from Steeplechase Lane to the rear of the property. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R-1- 20,000. (c) Generally, the following zones surround the subject site: to the north is the R-1-40,000 Zone and to south, east and west is the R-1-20,000 Zone. (d) The application is a request to remodel and add approximately 2,209 square feet to an existing legal nonconforming, two-story, single- family residence of 3,025 square feet including decks, porch, patio, and three car garage DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized 2 area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site, currently developed with a two-story, single-family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (1 dulacre). The current application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and the City's Design Guidelines. There is no specific plan. The existing structure was built using the Development Standards of the Los Angeles County Code prior to the City's incorporation and is considered a legal nonconforming structure. Per the current Development Code, the Planning Director or his designee may approve proposed projects providing that the additions or improvements are less than 50% of the existing square footage, the site coverage is no more than 40 percent, that the project conforms to applicable provisions of the Development Code, and the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. In this case the nonconformity is in the front and side. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent and is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach further into the setbacks than the existing structure in the front or side. Though the proposed project is more than 50 percent of the existing square footage, a concurrent application has been made with findings below for the approval of a Minor Conditional Use Permit. The terrain in the vicinity of Steeplechase Lane is hilly. The proposed two-story application is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Shadow Canyon Drive and Steeplechase Lane adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. 3 The project site is currently developed with a two-story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, and is a two-story structure, it meets the 35 feet height limitation per the Development Code. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's New England design is compatible with the eclectic architectural style of other homes within , "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project uses architectural styling with the use of two-story entry/foyer and shingles on the cupola, decorative windows and roof accent pieces; decks and patios with wooden balustrade and Victorian accents at comers; and layering of materials and finishes via multi-levels of roof lines with brown multicolored asphalt shingles, two colors of stucco, brick accents, and shingle exteriors to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of 'The Country Estates." (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to safety, or welfare or materially injurious (e.g., property values or resale(s) of property) to improvements in the vicinity. Ell the public health, negative affect on the properties or City permits, inspections and soils reports are required for construction and 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, a Covenant and Agreement is required and runs with the land to maintain a single family residence The addition of square footage to the main structure follows the line of the existing two-story structure in the both the front and side, and maintains a 35 feet height, therefore, the proposed application has no negative affect or impact to the view corridor of surrounding properties. (j) 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 QualityAct of 1970 (CEQA), Sections 15301(e)(2)(A). NONCONFROMING STRUCTURES (k) 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. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many two-story structures in the vicinity have remodeled and added the second -story and increased square footage. (1) 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 or any applicable specific plan. As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Development Code,. and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. 5 The existing parcel was approved by Tract Map No. 30578, Lot 171, on April 23, 1969, as 1.29 acres. The existing structure was completed under the Los Angeles County Code in 1977 and met the required setbacks of that Code prior to the City's incorporation. The current Diamond Bar Development Code requires minimum lot size as 1 du/acre in, Rural Residential Zone (RR). The front and side setbacks for this zone have changed from the Los Angeles County Code of 20 feet to 30 feet and 10 feet to 15 feet, respectively. The application is considered a nonconforming parcel and structure. These are defined as any parcel orstructure that was legally created or constructed prior to the adoption of the current Diamond Bar Development Code adopted November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The proposed project conforms to the other applicable provisions of this Development Code and the exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure in the front and side where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) 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, inspections and soils reports are required for construction and 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, a Covenant and Agreement is required and runs with the land to maintain a single family residence. (o) 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 Items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Also, as stated in Item (i), City permits, inspections and soils reports are required for construction and will ensure that the finished project 0 will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. MINOR CONDITIONAL USE PERMIT (p) 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. As state in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Development Code and Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed use is consistent with the General Plan and any there is not applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (s) 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 -Items (e -o), the subject site is physically suitable for the type and density/intensify of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) 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. City permits, inspections and soils reports are required for construction and 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. 7 Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. The addition of square footage to the main structure follows the line of the existing two-story structure in the both the front and side, and maintains a 35 feet height, therefore, the proposed application has no negative affect or impact to the view corridor of surrounding properties. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of `The Country Estates." (u) 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), Sections 1530 1 (e)(2)(A). 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 plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated March 26, 2002, as submitted to and approved by the Planning Commission. (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. This fencing shall remain until the Building Official approves its removal. E (d) The Applicant shall provide temporary sanitation facilities while under construction. (e) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (f) Applicant shall submit an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building -permits. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) 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. (i) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. Q) The single-family structure shall meet the 1998 California Codes: Universal Building Code, Universal Plumbing Code, Universal Mechanical Code, and the 1998 National Electrical Code requirements. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The single-family structure requires Fire Department approval and is located in "Fire Zone 4" 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 '/a inch nor more than '/2 inch in any dimension except where such openings are equipped with sash or door; 9 (4) Chimneys shall have spark arresters of maximum Y2 inch screen. (m) This single-family structure shall meet the State Energy Conservation Standards. (n) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (o) 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/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. (p) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (q) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (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. 10 (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 Donald Hermann, 22245 Steeplechase Lane, Diamond Bar, CA 91765, and S & W Development, 20272 Carrey Road, Walnut, CA 91789. APPROVED AND ADOPTED THIS 26th DAY OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 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 26th day of March 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners Nelson, Nolan, Tanaka; V/C Tye, Chair Ruzicka ATTEST: 1-1 t9 James eStefano, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2002-06 1 A RESOLUTION OF THE PLANNING COMMISSION OFTHE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-23, MINOR CONDITIONAL USE PERMIT NO. 2001-13 AND CATEGORICAL EXEMPTION 15301(E)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,209 SQUARE FEET TO AN EXISTING LEGAL NONCONFORMING, TWO-STORY, SINGLEFANIILY RESIDENCE OF 3,025 SQUARE FEET INCLUDING DECKS, PORCH, PATIO, AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 22245 STEEPLECHASE A. RECITALS 1. The property owner, Donald Hermann, and applicant, S & W Development have filed an application to approve Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13, for a property located at 22245 Steeplechase Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates," as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On March 12, 2002, 75 property owners within a 500 -foot radius of the project site were notified by mail. On March 15, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and 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; as well as three other posted within the vicinity of the application. 3. On March 26, 2002, 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)(2)(A) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 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 22245 Steeplechase Lane (Lot 171 of Tract No. 30578), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.29 gross. A Restricted Use Area is at the rear of the property, however, the proposed project is not within this area. The lot is nearly rectangular shape and slopes downward from Steeplechase Lane to the rear of the property. . (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R- 120.000. (c) Generally, the following zones surround the subject site: to the north is the R-1-40,000 Zone and to south, east and west is the R-1-20,000 Zone. (d) The application is a request to remodel and add approximately 2,209 square feet to an existing legal nonconforming, two-story, singlefamily residence of 3,025 square feet including decks, porch, patio, and three car garage DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site, currently developed with a two-story, single-family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (1 dulacre). The current application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and the City's Design Guidelines. There is no. specific plan. The existing structure was built using the Development Standards of the Los Angeles County Code prior to the City's incorporation and is considered a legal nonconforming structure. Per the current Development Code, the Planning Director or his designee may approve proposed projects providing that the additions or improvements are less than 5001 of the existing square footage, the site coverage is no more than 40 percent, that the project conforms to applicable provisions of the Development Code, and the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. In this case the nonconformity is in the front and side. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent and is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach further into the setbacks. than the existing structure in the front or side. Though the proposed project is more than 50 percent of the existing square footage, a concurrent application has been made with findings below for the approval of a Minor Conditional Use Permit. The terrain in the vicinity of Steeplechase Lane is hilly. The proposed two-story application is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Shadow Canyon Drive and Steeplechase Lane adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. 3 The project site is currently developed with a two-story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, and is a two- story structure, it meets the 35 feet height limitation per the Development Code. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's New England design is compatible with the eclectic architectural style of other homes within "The Country Estates, " and is consistent with the City's Design Guidelines and Development Code. The project uses architectural styling with the use of two-story entry/foyer and shingles on the cupola, decorative windows and roof accent pieces, decks and patios with wooden balustrade and Victorian accents at corners, and layering of materials and finishes via multi-levels of roof lines with brown multicolored asphalt shingles, two colors of stucco, brick accents, and shingle exteriors to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates. " (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 12 ;ity permits, inspections and soils reports are required for construction and 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, a Covenant and Agreement is required and runs with the land to maintain a single family residence The addition of square footage to the main structure follows the line of the existing two-story structure in the both the front and side, and maintains a 35 feet height; therefore, the proposed application has no negative affect or impact to the view corridor of surrounding properties. (j) 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 QualityAct of 1970 (CEQA), Sections 15301(e)(2)(A). NONCONFROMING STRUCTURES (k) 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. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many two-story structures in the vicinity have remodeled and added the second -story and increased square footage. (1) 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 or any applicable specific plan. As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Development Code, and City Design Guidelines. m) The addition, enlargement; extension, reconstruction, relocation or _ structural alteration of the ionconforming structure would not result in ,ie structure becoming a restriction to the eventual/future compliance with the applicable regulations )f this Development Code. 5 The existing parcel was approved by Tract Map No. 30578, Lot 171, on April 23, 1969, as 1.29 acres. The existing structure was completed under the Los Angeles County Code in 1977 and met the required setbacks of that Code prior to the City's incorporation. The current Diamond Bar Development Code requires minimum lot size as 1 du/acre in, Rural Residential Zone (RR). The front and side setbacks for this zone have changed from the Los Angeles County Code of 20 feet to 30 feet and 10 feet to 15 feet, respectively. The application is considered a nonconforming parcel and structure. These are defined as any parcel or structure that was legally created or constructed prior to the adoption of the current Diamond Bar Development Code adopted November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The proposed project conforms to the other applicable provisions of this Development Code and the exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure in the front and side where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) 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, inspections and soils reports are required for construction and ill 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, a Covenant and Agreement is required and runs with the land to maintain a single family residence. (o) 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 Items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines, or any applicable specific Also, as stated in Item (i), City permits, inspections and soils reports are required for construction and will ensure that the finished project 9 will not be detrimental to the public health, safety; or welfare, or materially injurious to the properties or improvements in the vicinity. MINOR CONDITIONAL USE PERMIT (p) 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. As state in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Development Code and Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed use is consistent with the General Plan and any there is not applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. ted in Items (e -o); the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (s) 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 Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access,- provisions ccess,provisions of utilities, compatibility with adjoining land uses, anal the absence of physical constraints. (t) 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. City permits, inspections and soils reports are required for construction and 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. 7 Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. The addition of square footage to the main structure follows the line of the existing two-story structure in the both the front and side, and maintains a 35 feet height, therefore, the proposed application has no negative affect or impact to the view corridor of surrounding properties. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of 'The Country Estates." (u) 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 QualityAct of 1970 (CEQA), Sections 15301(e)(2)(A). 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 plans, elevations; and materials/colors board collectively labeled as Exhibit "A" dated March 26, 2002, as submitted to and approved by the Planning Commission. (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. This fencing shall remain until the Building Official approves its removal. 9 (d) The Applicant shall provide temporary sanitation facilities while under construction. (e) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (f) Applicant shall submit an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building -permits. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) 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. (i) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (j) The single-family structure shall meet the 1998 California Codes: Universal Building Code, Universal Plumbing Code, Universal Mechanical Code, and- the 1998 National Electrical Code requirements. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire (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; 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 vhere such openings are equipped with sash or door; 9 (4) Chimneys shall have spark arresters of maximum Yh inch screen. (m) This single-family structure shall meet the State Energy Conservation Standards. (n) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (o) 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/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. (p) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (q) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building perm it. (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. 1 (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 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 Donald Hermann, 22245 Steeplechase Lane, Diamond Bar, CA 91765, and S & W Development, 20272 Carrey Road, Walnut, CA 91789. APPROVED AND ADOPTED THIS 26th DAY OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. oe -u4a, C airman 1 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 26th day of March 2002, by the following vote: AYES: Commissioners Nelson, Nolan, Tanaka; V/C Tye, Chair Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: James PeStefano, Secretary 1