Loading...
HomeMy WebLinkAboutPC 2002-41PLANNING COMMISSION RESOLUTION NO. 2002-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-28 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND ADDITTION OF APPROXIMATLY 1,206 SQUARE FEET TO A SINGLE FAMILY RESIDENCE LOCATED AT 1808 SOUTH FERN HOLLOW DRIVE, DIAMOND BAR, CA 91765 A. RECITALS 1. The property owners, Juan A. Vidal and Maria S. Vidal have filec an application for Development Review No. 2002-28 and categorical exemption for a property located at 1808 South Fern Hollow Dr., Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the su ject Development Review and categorical exemption shall be referred to as the "Application." 2. On November 1, 2002, notification of the public hearing for this project as provided in the San Gabriel valley Tribune and Inland Valley Daily Bull tin newspapers. On November 1, 2002, public hearing notices were mailed to approximately 88 property owners within a 500 -foot radius of the projectsite. On November 1, 2002, the project site was posted with a display boardand the public notice was posted in three public places. 3. On November 12, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on he Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: I 2 1 This Planning Commission hereby specifically finds that all of the facts forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(e) oft ie California Environmental Quality Act (CEQA) and guidelines promulgat d thereunder. Furthermore, the categorical exemption reflects the independE nt judgment of the City of Diamond Bar. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 1808 Fern Hollow Drive (Lot 200, Tract No. 28579) within a residential community which is single family. It is a rectangular shaped lot of approximately .21 gross acres sloping downward toward the center of project site from the rear of the property. It does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone interpreted as Low Density Residential (RL) Zone. (d) Generally, the following zone surround the project site: To the north, south, east and west is the R-1-10,000 Zone. (e) The Application request is to construct a first and second story addition of approximately 1,206 square feet to an existing single family residence of approximately 2,008 square feet. Development Review (f) The design and layout of the proposed addition is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed addition complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the �a 1 1 integrity of residential neighborhoods and open space, the proposed addition is compatible with the eclectic style, colors and material of the existing structure. (g) The design and layout of the proposed addition will not interfer with the use and enjoyment of neighboring existing or future develop i and will not create traffic or pedestrian hazards. The project site is an existing single-family residence. The prop sed addition is expanding the livable space of the residence alld is consistent with the existing structure. In addition, the propos d lot coverage will be 31 percent, the distance between structures is 21 and 37 feet, setbacks of the proposed addition follows setbac s of existing structure and the new proposed height will be approxim tely 21 feet all of which meet code requirements. As such, the proposed addition is not expected to interfere with the use and enjoyme t of neighboring existing or future development. The proposed addition is not expected to create traffic or pedestrian hazards due to the fact that the use will remain a single-family residence. (h) The architectural design of the proposed addition is compatible With the character of the existing structure and the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Developrrent Review Standards, City Design Guidelines, the City's General Plaor any applicable specific plan. , The proposed addition's architectural style, (as referred to in application) color scheme and construction materials are consistent and compatible to the existing structure. Therefore, the proposed project is consistent with and will maintain and enhance he harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. (i) 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 co or that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings the proposed addition willprovillf a desirable environment for its occupants and visiting public as w I as its neighbors through good aesthetic use of materials, texture alic color that will remain aesthetically appealing. (j) The proposed development will not be detrimental to public healt , safety or welfare or materially injurious (e.g., negative affect On 3 property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, sections, and will coincide with existing materials and colors collectively labeled as Exhibit "A" dated November 12, 2002, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior walls. 4 1 1 1 (d) The proposed residence shall comply with the State E ergy Conservation Standards. (e) Plans shall conform to State and Local Building Code (i.e., Uniform Building Code, Uniform Plumbing Code, Uniform Meci- Code, and the 2001 National Electrical Code) requirements. (f) Construction plans shall be engineered to meet wind loa�s of 80 M.P.H. and shall be designed for expansive of soil conditio s. (g) The addition to the single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upor the neighborhood and environmental setting. Additionally, the si gle- family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otheiwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (h) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the C ty of Diamond Bar Development Code. (i) This grant shall not be effective for any purpose until the perm ttee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the Ci y of Diamond Bar Community and Development Services Departrr ent, their affidavit stating that they are aware of and agree to accept a I the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified r ail, to: Juan A. and Maria S. Vibal at 1808 Fern Hollow Drive Diam nd Bar, CA 91765 5 APPROVED AND ADOPTED THIS 12th DAY OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe zicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of November 2002, by the following vote: AYES: Nolan, Tanaka, Nelson, V/C Tye, C/Ruzicka NOES: none ABSENT: none ABSTAIN: none i r 1 ATTEST: J&6es DeSMano, Secretary 0 PLANNING COMMISSION RESOLUTION NO. 2002-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-28 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND ADDITTION OF APPROXIMATLY 1,206 SQUARE FEET TO A SINGLE FAMILY RESIDENCE LOCATED AT 1808 SOUTH FERN HOLLOW DRIVE, A. RECITALS The property owners, Juan A. Vidal and Maria S. Vidal have file an application for Development Review No. 2002-28 and categorical exem tion for a property located at 1808 South Fern Hollow Dr., Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the su ject Development Review and categorical exemption shall be referred to as the "Application." 2. On November 1 2002, notification of the public hearing for this project as provided in the San Gabriel Valley Tribune and Inland Valley Daily Bull tin newspapers. On November 1, 2002, public hearing notices were maile to approximately 88 property owners within a 500 -foot radius of the project site. On November 1, 2002, the project site was posted with a display board and the public notice was posted in three public places. 3. On November 12, 2002, the Planning Commission of the City of Diam nd Bar conducted and concluded a duly noticed public hearing on he Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Plann Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(e) of tile California Environmental Quality Act (CEQA) and guidelines promulgat d thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 1808 Fern Hollow Drive (Lot 200, Tract No. 28579) within a residential community which is single family. It is a rectangular shaped lot of approximately .21 gross acres sloping downward toward the center of project site from the rear of the property. It does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone interpreted as Low Density Residential (RL) Zone. (d) Generally, the following zone surround the project site: To the north, south, east and west is the R-1-10,000 Zone. (e) The Application request is to construct a first and second story addition of approximately 1,206 square feet to an existing single family residence of approximately 2,008 square feet. Development Review (f) The design and layout of the proposed addition is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed addition complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the 2 integrity of residential neighborhoods and open space. the proposed addition is compatible with the eclectic style, colors and material of the existing structure. (g) The design and layout of the proposed addition will not i with the use and enjoyment of neighboring existing or future c and will not create traffic or pedestrian hazards. The project site is an existing single-family residence. The proF addition is expanding the livable space of the residence a, is consistent with the existing structure. In addition, the propose lot coverage will be 31 percent, the distance between structures 21 and 37 feet, setbacks of the proposed addition follows setbac of existing structure and the new proposed height will be approxim 21 feet all of which meet code requirements. As such, the prop, addition is not expected to interfere with the use and enjoyme neighboring existing or future development. The f proposed additl not expected to create traffic or pedestrian hazards due to the that the use will remain a single-family (h) The architectural design of the proposed addition is compatible the character of the existing structure and the surrour neighborhood and will maintain the harmonious orderly and attra development contemplated by Chapter 22.48.20. Developr Review Standards, City Design Guidelines, the City's n General Pla any applicable specific plan. The proposed addition's architectural style, (as referred tc application) color scheme and construction materials are consis in and compatible to the existing structure. Therefore, the propo, project is consistent with and will maintain and enhance harmonious, orderly and attractive development contemplated Chapter 22.48.20, the General Plan, and City Design Guidelines (i) The design of the proposed development will provide a desirs environment for its occupants and visiting public as well as neighbors through good aesthetic use of materials, texture, and ca that will remain aesthetically appealing and will retain a reasonE adequate level of maintenance. As referenced in the above findings the proposed addition will provi E a desirable environment for its occupants and visiting public as w i as its neighbors through good aesthetic use of materials, texture a c color that will remain aesthetically appealing. ) The proposed development will not be detrimental to public healt , safety or welfare or iaterially injurious (e.g., negative affect n 3 property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, sections, and will coincide with existing materials and colors collectively labeled as Exhibit "A" dated November 12, 2002, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior walls. M (d) The proposed residence shall comply with the State Conservation Standards. (e) Plans shall conform to State and Local Building Code (i.e. 001 Uniform Building Code, Uniform Plumbing Code, Uniform Mech nical Code, and the 2001 National Electrical Code) requirements. (f) Construction plans shall be engineered to meet wind loa 80 0 M.P.H. and shall be designed for expansive of soil conditio (g) The addition to the single-family residence shall not be utilize in manner that creates adverse effects (i.e., significant levels of glare/light, noise, odor, traffic, or other disturbances) upo the neighborhood and environmental seffing. Additionally, the si glefamily residence shall not result in significantly adverse effec s on public services or resources. No portion of the residence sh II be rented, used for commercial/institutional purposes, or othe ise utilized as a separate dwelling. The property shall not be use for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (h) This grant is valid for two years and shall be exercised construction started) within that period or this grant shall expir A one-year extension of time may be approved when submitted t the City in writing at least 60 days prior to the expiration date. Planning Commission will consider the extension request at a ul noticed public hearing in accordance with Chapter 22.72 of the y f C Diamond Bar Development Code. (i) This grant shall not be effective for any purpose until the perm and owner of the property involved (if other than the permittee) I filed, within fifteen (15) days of approval of this grant, at the Ci 0 Diamond Bar Community and Development Services Departn their affidavit stating that they are aware of and agree to accept the a conditions of this grant. Further, this grant shall not be effective the permittee pays remaining City processing fees, school fees fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified to: Juan A. and Maria S. Vibal at 1808 Fern Hollow Drive Diar Bar, CA 91765 61 APPROVED AND ADOPTED THIS 12th DAY OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe zicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of November 2002, by the following vote: AYES: Nolan, Tanaka, Nelson, V/C Tye, C/Ruzicka NOES: none ABSENT: none ABSTAIN: none ATTEST -11W JaMes DeStlano, Secretary 0