HomeMy WebLinkAboutPC 2002-17A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2002-11, MINOR VARIANCE NO. 2002-05 AND CATEGORICAL
EXEMPTION 15301(e)(2), A REQUEST TO REMODEL AND ADD
APPROXIMATELY 1,882 SQUARE FEET TO AN EXISTING 1,965
SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING THREE
CAR GARAGE. THE PROJECT SITE IS LOCATED AT
511 TOPSIDE PLACE (LOT 66, TRACT NO. 36813), DIAMOND
BAR, CALIFORNIA.
A. RECITALS
1. The property owners, Steven Ung and Helen Lim, and applicant, Hung Chou,
have filed an application to approve Development Review No. 2002-11 and
Minor Variance No. 2002-05, for a property located at 511 Topside Place
(Lot 66, Tract No. 36813), Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review and Categorical Exemption shall be refer�ad to
' as the "Application."
2. On May 29, 2002, 63 property owners within a 500 -foot radius of the project
site were notified by mail. On May 31, 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. Three other sites were posted within the vicinity of the application.
3. On June 11, 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:
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
PLANNING COMMISSION
RESOLUTION NO. 2002-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2002-11, MINOR VARIANCE NO. 2002-05 AND CATEGORICAL
EXEMPTION 15301(e)(2), A REQUEST TO REMODEL AND ADD
APPROXIMATELY 1,882 SQUARE FEET TO AN EXISTING 1,965
SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING THREE
CAR GARAGE. THE PROJECT SITE IS LOCATED AT
511 TOPSIDE PLACE (LOT 66, TRACT NO. 36813), DIAMOND
BAR, CALIFORNIA.
A. RECITALS
1. The property owners, Steven Ung and Helen Lim, and applicant, Hung Chou,
have filed an application to approve Development Review No. 2002-11 and
Minor Variance No. 2002-05, for a property located at 511 Topside Place
(Lot 66, Tract No. 36813), Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review and Categorical Exemption shall be refer�ad to
' as the "Application."
2. On May 29, 2002, 63 property owners within a 500 -foot radius of the project
site were notified by mail. On May 31, 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. Three other sites were posted within the vicinity of the application.
3. On June 11, 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:
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) 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 Comrr��asion 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 511 Topside Place, Diamond Bar,
California. The parcel is Lot 66 of approved Tract Map No. 36813.
The project site is approximately .18 gross acres. It is an irregularly
shaped pad at the end of a cul-de-sac with an existing two-story
single family residence.
(b) The General Plan Land Use designation is Low Density Residential
(RL), max. 3 du/acre. The project site is zoned Single -Family
Residence, R-1-8,000.
(c) Generally, the R-1-8,000 Zone surrounds the subject site.
(d) The Application is a request to remodel and add approximately 1,882
square feet to an existing 1,965 square feet single family residence
including the 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 one to 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 Low Density
Residential (RL) (max. 3 dulacre). The Application complies with the
City's General Plan objectives and strategies related to maintaining
2
the integrity of residential neighborhoods and open space, the current
Diamond Bar Development Code, and with the City's Design
Guidelines. There is no specific plan.
The proposed project conforms to applicable provisions of the
Development Code, the site coverage is less than 40 percent, is
comparable with the existing neighborhood, and it meets the required
height limitations and does not encroach into the setbacks except with
the approval of attached Minor Variance.
This is a one to two story structure. The neighboring parcels are
single-family residences with a similar architecture. By maintaining
the height limits of the Development Code, the proposed remodel 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.
Armitos Place and Topside Place adequately serve the project site.
These streets are designed to handle minimum traffic created by
residential development.
Thero'
p sect site is currently developed with a one to 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, it maintains the
one to two story architecture and meets the 35 feet height limitation
per the Development Code. Additionally, the Application has a height
consistent with surrounding properties. 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 single family residence's contemporary architectural
style is maintained and includes new double door entry, stucco; brick
accent; wood trim fascia and window trim; and layering of materials
and finishes via multi-levels of roof lines using roof tile to add texture
3
and contrast. The use of these materials provides variety and
interest. The proposed project's architectural trim and palette are
compatible with the architectural style of other homes within the tract.
The Application design is consistent with the City's Design Guidelines
and Development Code.
(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.
The colors, materials, and textures proposed are the same as existing
and 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.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes 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.
(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 Quality Act of 1970 (CEQA), Section 15301(e)(2).
MINOR VARIANCE
(k) 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.
2
The Minor Variance request is to allow a reduction in the side setback
of 10 percent. Most of the homes on Topside Place were built with
' three cargarages that would adequatelyserve the proposed remodel.
The Application currently has a two car garage. In order to increase
the size of the structure as proposed with the potential for five
bedrooms, an additional garage bay was recommended by staff. The
setbacks of the existing structure are 9+ feet on one side and 15 feet
6 inches on the other. T;;ase exceed the current City Code
requirements of 5 feet on one side and 10 feet on the other.
However, the Applicant requests a Minor Variance to decrease the
side yard setback by one foot to accommodate the new garage. -The
Application continues to have the required 15 feet between structures
on adjoining parcels.
The lack of the three car garage for the original product and the need
of a third bay to support the number of rooms is a special
circumstances applicable to the property, 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.
(I) Granting the Minor 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 Minor Variance is sought.
The Minor Variance request is to allow a reduction in the side setback
of 10 percent. Most of the homes on Topside Place were built with
three cargarages that would adequately serve the proposed remodel.
The Application currently has a two car garage. In order to increase
the size of the structure as proposed with the potential for five
bedrooms, an additional garage bay was recommended by staff. The
setbacks of the existing structure are 9+ feet on one side and 15 feet
6 inches on the other. These exceed the current City Code
requirements of 5 feet on one side and 10 feet on the other.
However, the Applicant requests a Minor Variance to decrease the
side yard setback by one foot to accommodate the new garage. The
Application continues to have the required 15 feet between structures
on adjoining parcels.
The lack of the three car garage for the original product and the need
of a third bay to support the number of rooms is a special
circumstances applicable to the property, so that the strict application
of this Development Code denies the property owner privileges
5
5
enjoyed by other property owners in the vicinity and under identical
zoning districts. It is found that the Minor Variance approval 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 whom the Minor
Variance is sought.
(m) Granting the Minor Variance 6 consistent with the General Plan and
any applicable specific plan.
The proposed single-family residence is consistent the City's General
Plan and there is no specific plan. The proposed single-family
residence complies with the applicable standards for the R-1-8,000
(Low Density Residential Development Standards (RL)) zoning district
and the decrease in the side yard setback that requires Minor
Variance approval. The increase of square footage is at the rear and
sides of the structure, and is consistent with the neighboring
properties with respect to design and materials.
(n) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience or welfare of the City.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes 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 proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
As stated in Item 46).
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, and
elevations collectively labeled as Exhibit "A" dated June 11, 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
EV
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.
BUILDING AND SAFETY
(c) The Applicant shall provide temporary sanitation facilities while under
construction.
(d) A permit for demolition shall be obtained from the South Coast Air
Quality Management District.
(e) The single-family structure shall meet the 1998 California Codes:
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 1998 National Electrical Code requirements.
(f) The single-family structure requires Fire Department approval and is
located in "high fire zone" and shall meet the following requirements
of that fire zone:
' (1) All roof coveringshall be "Fire Retardant Class A"• the roofs
oofs
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 1/2 inch
screen.
(g) This single-family structure shall meet the State Energy Conservation
Standards.
(h) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(i) Smoke detectors shall be provided in all sleeping rooms.
7
PLANNING
(j) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval.
(k) Applicant shall submit a soils report if required for the proposed
improvements to be reviewed and approved by the City.
(1) 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.
(m) The Applicant shall comply with the requirements of the Fire
Department; City Planning, Building and Safety, and Public Works
Divisions.
(n) A landscape/irrigation plan shall be submitted for the front yard and
delineate the type of planting materials, color, size, quantity and
location. The landscaping/irrigation shall be installed or replaced in
the front yard 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.
(o) 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.
(p) 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.
(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.
N.
(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 Deputy City Manager
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.
1
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 Steven Ung and Helen Lim, 511 Topside Place, Diamond Bar, CA
91765 and Hung Chou, 511 S. First Avenue, #161, Arcadia, CA
91006.
APPROVED AND ADOPTED THIS 11th DAY OF JUNE 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
0
WW�,.�1�1i�
9
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 11 th day of June 2002, by the following vote:
AYES: Commissioners: Nelson, Nolan, WC Tye, C/Ruzicka
NOES: Commissioner: Tanaka
ABSENT: Commissioner:
ABSTAIN: Commissioner:
ATTEST: I bp
James De efano, Secretary
10
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING
CITY OF DIAMOND BAR APPROVING D
NO. 2002-11, MINOR VARIANCE
CATEGORICAL EXEMPTION 15301(e)
REMODEL AND ADD APPROXIMATEL`
TO AN EXISTING 1,965 SQUARE F
RESIDENCE INCLUDING THREE CAR G
SITE IS LOCATED AT 511 TOPSIDE P
RESOLUTION NO. 2002-1
A. RECITALS
DMMISSION OF THE
JELOPMENT REVIEW
NO. 2002-05 AND
), A REQUEST TO
1,882 SQUARE FEET
ET SINGLE FAMILY
RAGE. THE PROJECT
kCE (LOT 66, TRACT
1. The property owners, Steven Ung and Helen Lim, and applicant, Hung Chou,
have filed an application to approve Development Review No. 2002-11 and
Minor Variance No. 2002-05, for a property located at 511 Topside Place
(Lot 66, Tract No. 36813), Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. Hereinafter in this Resolution, the
ubject Development Review and Categorical Exemption shall be refer -ad to as the "Application."
2. On May 29, 2002, 63 property owners within a 500 -foot radius of the project
site were notified by mail. On May 31, 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. Three other sites were posted within the vicinity
3. On June 11, 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:
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) 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 Comn-i;asion 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 511 Topside Place, Diamond Bar,
California. The parcel is Lot 66 of approved Tract Map No. 36813.
The project site is approximately .18 gross acres. It is an irregularly
shaped pad at the end of a cul-de-sac with an existing two-story
single family residence.
(b) The General Plan Land Use designation is Low Density Residential (RL),
max. 3 du/acre. The project site is zoned Single -Family Residence, R-
1-8,000.
(c) Generally, the R-1-8,000 Zone surrounds the subject site.
(d) The Application is a request to remodel and add approximately 1,882
square feet to an existing 1,965 square feet single family residence
including the 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 one to two story
singlefamily 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 Low
Density Residential (RL) (max. 3 du/acre). The Application complies
with the City's General Plan objectives and strategies related to
2
he integrity of residential neighborhoods and open space, the current
Diamond Bar Development Code, and with the City's Design Guidelines. There is no specific plan.
The proposed project conforms to applicable provisions of the
Development Code, the site coverage is less than 40 percent, is
comparable with the existing neighborhood, and it meets the
required height limitations and does not' ancroach into the setbacks
except with the approval of attached Minor Variance.
This is a one to two story structure. The neighboring parcels are
single-family residences with a similar architecture. By maintaining
the height limits of the Development Code, the proposed remodel 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.
Armitos Place and Topside Place adequately serve the project site.
These streets are designed to handle minimum traffic created by
residential development.
The project site is currently developed with a one to two story
singlefamily residence. The proposed reconstructioNremodeling
does not change the existing use of a single-family residence.
Although the proposed addition enlarges the existing residence, it
maintains the one to two story architecture and meets the 35 feet
height limitation per the Development Code. Additionally, the
Application has a height consistent with surrounding properties. The
structure is not expected to unreasonably interfere with the use and
enjoyment of neighboring existing or future development with regard
(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 single family residence's contemporary architectural
style is maintained and includes new double door entry; stucco, brick
accent; wood trim fascia and window trim, and layering of materials
and finishes via multi-levels of roof lines using roof tile to add texture
3
and contrast. The use of these materials provides variety and
interest. The proposed project's architectural trim and palette are
compatible with the architectural style of other homes within the
tract. The Application design is consistent with the City's Design
Guidelines and Development Code.
(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.
The colors, materials, and textures proposed are the same as existing
and 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.
Structural plan check, City permits, and inspections, soils report and Fire
Department approvals, are required for construction. These processes wil,
ensure that the finished project will not be detrimental ---
to the public health, safety, or welfare, or materially injurious to the propertie,<
or improvements in the vicinity. Additionally, a Covenant and Agreement i,<
required and runs with the land to maintain a single family residence.
(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 Quality Act of 1970 (CEQA), Section 15301(e)(2).
MINOR VARIANCE
(k) There are special circumstances applicable to the property (e.g., location, shape
size, surroundings, topography, or other conditions), so that the stric
application of this Development Code denies the property owner. privilege:
enjoyed by other property owners in the vicinity and under identical zoninc
districts or creates an unnecessary and non -self-created, hardship o
unreasonable regulation which make it obviously impractical to requir(
compliance with the development standards.
0
he Minor Variance request is to allow a reduction in the side setback
of 10 percent. Most of the homes on Topside Place were built with
three cargarages that would adequatelyserve the proposed remodel.
The Application currently has a two car garage. In order to increase
the size of the structure as proposed with the potential for five
bedrooms, an additional garage bay was recommended by staff.
The setbacks of the existing structure are 9+ feet on one side and
15 feet 6 inches on the other. TJase exceed the current City Code
requirements of 5 feet on one side and 10 feet on the other.
However, the Applicant requests a Minor Variance to decrease the
side yard setback by one foot to accommodate the new garage. -
The Application continues to have the required 15 feet between
structures on adjoining parcels.
The lack of the three car garage for the original product and the
need of a third bay to support the number of rooms is a special
circumstances applicable to the property, 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.
(1) Granting the Minor 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 Minor Variance is sought.
The Minor Variance request is to allow a reduction in the side
setback of 10 percent. Most of the homes on Topside Place were
built with three car garages that would adequately serve the
proposed remodel. The Application currently has a two car garage.
In order to increase the size of the structure as proposed with the
potential for five bedrooms, an additional garage bay was
recommended by staff. The setbacks of the existing structure are 9+
feet on one side and 15 feet 6 inches on the other. These exceed
the current City Code requirements of 5 feet on one side and 10 feet
on the other. However, the Applicant requests a Minor Variance to
decrease the side yard setback by one foot to accommodate the
new garage. The Application continues to have the required 15 feet
between structures on adjoining parcels.
The lack of the three car garage for the original product and the need
of a third bay to support the number of rooms is a special
circumstances applicable to the property, so that the strict application
of this Development Code denies the property owner privileges
5
enjoyed by other property owners in the vicinity and under identical
zoning districts. It is found that the Minor Variance approval 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
whom the Minor Variance is sought.
(m) Granting the Minor Variance i' consistent with the General Plan and any
applicable specific plan.
The proposed single-family residence is consistent the City's
General Plan and there is no specific plan. The proposed single-
family residence complies with the applicable standards for the R-1-
8,000 (Low Density Residential Development Standards (RL))
zoning district and the decrease in the side yard setback that
requires Minor Variance approval. The increase of square footage is
at the rear and sides of the structure, and is consistent with the
neighboring properties with respect to design and materials.
(n) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience or welfare of the City.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes 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 proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
As stated in Item 46).
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, and
elevations collectively labeled as Exhibit "A" dated June 11, 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
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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.
BUILDING AND SAFETY
(c) The Applicant shall provide temporary sanitation facilities while under
construction.
(d) A permit for demolition shall be obtained from the South Coast Air
Quality Management District.
(e) The single-family structure shall meet the 1998 California Codes:
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 1998 National Electrical Code requirements.
(f) The single-family structure requires Fire Department approval and 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;
Enclosed under -floor areas shall be constructed as exterior walls;
Dpenings 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/z inch in any dimension except where such openings are
equipped with sash or door;
(g) This single-family structure shall meet the State Energy Conservation
Standards.
(h) The minimum design wind pressure shall be 80 miles per hour and "C"
exposure.
) Smoke detectors shall be provided in all sleeping rooms.
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PLANNIN
(j) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval.
(k) Applicant shall submit a soils report if required for the proposed
improvements to be reviewed and approved by the City.
(1) 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.
(m) The Applicant shall comply with the requirements of the Fire
Department; City Planning, Building and Safety, and Public Works
Divisions.
(n) A landscape/irrigation plan shall be submitted for the front yard and delineate the
type of planting materials, color, size, quantity and location. The
landscaping/irrigation shall be installed or replaced in the front yard 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 shal
not encroach into street's dedicated easement or exceed a maximum 42
inches in height.
(o) 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.
(p) 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.
(q) The owner shall complete and record a "Covenant and Agreement to Maintain
Single Family Residence" on a form to be provided by the City. The covenai
must be completed and recorded with the Los Angeles County's Recorder
Office prior to the issuance of a building permit.
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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 Deputy City Manager
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
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
Steven Ung and Helen Lim, 511 Topside Place, Diamond Bar, CA
91765 and Hung Chou, 511 S. First Avenue, #161, Arcadia, CA
91006.
APPROVED AND ADOPTED THIS 11th DAY OF JUNE 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: Jo Ruzic>-ca, airm n
1
9
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 11th day of June 2002, by the following vote:
AYES: Commissioners: Nelson, Nolan, WC Tye, C/Ruzicka NOES:
Commissioner: Tanaka
ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: 11 LIE
-'James Deoefano, Secretary