Loading...
HomeMy WebLinkAboutPC 2002-22A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-09/MINOR CONDITIONAL USE PERMIT NO. 2002-08 AND CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,205 SQUARE FEET TO AN EXISTING 1,900 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING A THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 24440 GOLDPOINT PLACE (LOT 14, TRACT NO. 42586), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property Owners/Applicants, Kenneth and Flora Uyeda, have filed an application to approve Development Review No. 2002-09/Minor Conditional Use Permit No. 2002-08, for a property located at 24440 Goldpoint Place (Lot 14, Tract No. 42586), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On July 30, 2002, 42 property owners within a 500 -foot radius of the project site were notified by mail. On August 2, 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 August 13, 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. 2002-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-09/MINOR CONDITIONAL USE PERMIT NO. 2002-08 AND CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,205 SQUARE FEET TO AN EXISTING 1,900 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING A THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 24440 GOLDPOINT PLACE (LOT 14, TRACT NO. 42586), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property Owners/Applicants, Kenneth and Flora Uyeda, have filed an application to approve Development Review No. 2002-09/Minor Conditional Use Permit No. 2002-08, for a property located at 24440 Goldpoint Place (Lot 14, Tract No. 42586), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On July 30, 2002, 42 property owners within a 500 -foot radius of the project site were notified by mail. On August 2, 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 August 13, 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)(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 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 24440 Goldpoint Place (Lot 14, Tract No. 42586), Diamond Bar, California. The project site is approximately .76 gross acres. It is an irregularly shaped lot with an existing one-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 2,205 square feet to an existing 1,900 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-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 du/acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current 2 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, it meets the required height limitations and does not encroach into the setbacks. This is a single story home. The neighboring parcels are single-family residences and 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 Goldpoint Place, a cul-de-sac, 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-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 meets the 35 feet height limitation per the Development Code. Additionally, the Application has a style 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 modern architectural style is maintained. The project uses architectural styling with the use of dual door entry; stucco; wood trim fascia; river rock accents and layering of materials and finishes via multi-levels of roof lines using MonierLifetile roof to add texture 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 General Plan, City's Design Guidelines and Development Code. There is no specific plan. 3 (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 Califomia Environmental Quality Act of 1970 (CEQA), Section 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 one and two-story structures in the vicinity have remodeled and added the 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. 4 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. The existing parcel was approved by Tract Map No. 42586, Lot 14, as .76 acres. The existing structure was completed under the Los Angeles County Code in 1987 and met the required setbacks of that Code prior to the City's incorporation. The distance between structures on adjoining parcels on the sides has changed from the Los Angeles County Code of 10 feet to 15. The application maintaining the 10 feet 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 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 I: neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, 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 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/intensity 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. 9 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. 1 The addition of square footage to the main structure follows the line of the existing one-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. (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 n p gs a d 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 August 13, 2002, as submitted to, amended herein, 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. 7 PUBLIC WORKS (c) A grading plan shall show the areas of cut and fill with quantities, retaining walls on-site, and drainage and shall be submitted to the Public Works Division for review and approval. (d) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (f) The applicant shall provide temporary sanitation facilities while under construction. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) 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. (i) 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; (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. (j) This single-family structure shall meet the State Energy Conservation Standards. n (k) The minimum design wind pressure shall be 80 miles per hour and I "C" exposure. (1) Smoke detectors shall be provided in all sleeping rooms. (m) A one-hour wall shall be required between new garage and existing home. (n) 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. (o) Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. (p) 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. (q) F000tings at the top of slope shall be designed and engineered by a Civil Engineer and shall have plans wet sighed and stamped by said Engineer. ' (r) The applicant shall comply with the requirements of the Fire Department; City Planning, Building and Safety, and Public Works Divisions. HMO (s) A landscape/irrigation plan for the front yard shall be submitted to the Planning Division for review and approval prior to Building Permit issuance. The plan shall 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. 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. (t) Storage of recreational and commercial vehicles on-site shall comply .with Diamond Bar's Development Code Standards, Section 22.34.030 prior to the issuance of any city permits. (u) The illegal driveway gate at the front property line on the north side ' shall be removed within 10 days of the Planning Commission approval for this project. A gate at this location shall not be re -installed without City Planning Division approval and any building permit as required. The gate shall not swing over the City right-of-way. 9 (v) The Owners/Applicants shall obtain an encroachment permit for the curb cut and drive approach from the Public Works Division prior to the issuance of any city permits for this Planning Commission approval. (w) The Applicant shall obtain Planning approval and a building permit for the existing on-site detached patio prior or remove the existing structure prior to issuance of any city permits for this Planning Commission approval. (x) 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. (y) 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. (z) The Owners/Applicants 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. (aa) Prior to any Home Base Business use in proposed office, the Owners/Applicants shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section 22.42.070. (bb) 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. (cc) This grant shall not be effective for any purpose until the permittee and owners 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, 10 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. (dd) 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 $25.40 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 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 Kenneth and Flora Uyeda, 24440 Goldpoint Place, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13th DAY OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka; C airman 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 13th day of August 2002, by the following vote: AYES: Commissioners: Nolan, Tanaka, V/C Tye, Chair Ruzicka NOES: Commissioner: ABSENT: Commissioner: Nelson ABSTAIN: Comissin ATTEST:Jt a o, Secretary 11 'LANNING COMMISSION RESOLUTION NO. 2002-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-09/MINOR CONDITIONAL USE PERMIT NO. 2002-08 AND CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,205 SQUARE FEET TO AN EXISTING 1,900 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING A THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 24440 GOLDPOINT PLACE (LOT 14, TRACT NO. 42586), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property Owners/Applicants, Kenneth and Flora Uyeda, have filed an application to approve Development Review No. 2002-09/Minor Conditional Use Permit No. 2002-08, for a property located at 24440 Goldpoint Place (Lot 14, Tract No. 42586), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On July 30, 2002, 42 property owners within a 500 -foot radius of the project site were notified by mail. On August 2, 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 viciriity of the application. 3. On August 13, 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. The Planning Commission hereby determines that the project identified --• above in this esolution is categorically exempt from the requirements of the alifornia Environmental (.•uality 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 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 24440 Goldpoint Place (Lot 14, Tract No. 42586), Diamond Bar, California. The project site is approximately .76 gross acres. It is an irregularly shaped lot with an existing one-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 2,205 square feet to an existing 1,900 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-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 the integrity of residential neighborhoods and open space, the 2 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, it meets the required height limitations and does not encroach into the setbacks. This is a single story home. The neighboring parcels are single- family residences and 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 Goldpoint Place, a cul-de-sac, 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-story single-family residence. The proposed reconstructionlremodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, it meets the 35 feet height limitation per the Development Code. Additionally, the Application has a style 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 singie family residence's modern architectural style is maintained. The project uses architectural styling with the use of dual door entry; stucco, wood trim fascia, river rock accents and layering of materials and finishes via multi-levels of roof lines using MonierLifetile roof to add texture 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 General Plan, City's Design Guidelines and Development Code. There is no specific plan. (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 detrimerital 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 Califomia Environmental Quality Act of 1970 (CEQA), Section 1530 1 (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 one and two-story structures in the vicinity have remodeled and added the 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. 12 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 eventuaUfuture compliance with the applicable regulations of this Development The existing parcel was approved by Tract Map No. 42586, Lot 14, as .76 acres. The existing structure was completed under the Los Angeles County Code in 1987 and met the required setbacks of that Code prior to the City's incorporation. The distance between structures on adjoining parcels on the sides has changed from the Los Angeles County Code of 10 feet to 15. The application maintaining the 10 feet 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 provisionslstandards 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. `ed in Items (e -h), the architectural design of the proposed development is compatible with the :haracteristics 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 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 densitylin tensity 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. 0 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 one-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. (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, and elevations collectively labeled as Exhibit "A" dated August 13, 2002, as submitted to, amended herein, 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. 7 PUBLIC WORKS (c) A grading plan shall show the areas of cut and fill with quantities, retaining walls on-site, and drainage and shall be submitted to the Public Works Division for review and approval. (d) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (f) The applicant shall provide temporary sanitation facilities while under construction. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) 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. (i) 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; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the aftic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than -/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. (j) This single-family structure shall meet the State Energy Conservation Standards. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (1) Smoke detectors shall be provided in all sleeping rooms. (m) A one-hour wall shall be required between new garage and existing home. PLANNIN (n) 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. (o) Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. (p) 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. (q) F000tings at the top of slope shall be designed and engineered by a Civil Engineer and shall have plans wet sighed and stamped by said Engineer. (r) The applicant shall comply with the requirements of the Fire Department; City Planning, Building and Safety, and Public Works Divisions. (s) A landscape/irrigation plan for the front yard shall be submitted to the Planning Division for review and approval prior to Building Permit issuance. The plan shall 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. 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. (t) Storage of recreational and commercial vehicles on-site shall comply with Diamond Bar's Development Code Standards, Section 22.34.030 prior to the issuance of any city permits. (u) The illegal driveway gate at the front property line on the north side shall be removed within 10 days of the Planning Commission approval for this project. A gate at this location shall not be re- installed without City Planning Division approval and any building permit as required. The gate shall not swing over the City right-of- way. (v) The Owners/Applicants shall obtain an encroachment permit for the curb cut and drive approach from the Public Works Division prior to the issuance of any city permits for this Planning Commission approval. (w) The Applicant shall obtain Planning approval and a building permit for the existing on-site detached patio prior or remove the existing structure prior to issuance of any city permits for this Planning Commission approval. (x) 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. (y) 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. (z) The Owners/Applicants 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. (aa) Prior to any Home Base Business use in proposed office, the Owners/Applicants shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section 22.42.070. (bb) 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. (cc) This grant shall not be effective for any purpose until the permittee and owners 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, 1 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. (dd) 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 Kenneth and Flora Uyeda, 24440 Goldpoint Place, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13th DAY OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. „-By: -Joe Ruzicka; C airman 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 13th day of August 2002, by the following vote: AYES: Commissioners: Nolan, Tanaka, V/C Tye, Chair Ruzicka NOES: Commissioner: ABSENT: Commissioner: Nelson ABSTAIN: Co missi n : ATTEST: 'T Jars DeStefa o, Secretary 1