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HomeMy WebLinkAboutPC 2002-46PLANNING COMMISSION ' RESOLUTION NO. 2002-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-30/MINOR CONDITIONAL USE PERMIT NO. 2002-15 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND ADD APPROXIMATELY 842 SQUARE FEET TO AN EXISTING 1,690 SQUARE FEET LEGAL NONCONFORMING SINGLE-FAMILY RESIDENCE INCLUDING ATWO CAR GARAGE. THE PROJECTSITE IS LOCATED AT 21216 COLD SPRING LANE (LOT 3, TRACT NO. 25985), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Hong -Man Le, and Applicant, Bao Nguyen, have iled an application to approve Development Review No. 2002-30/Mnor Conditional Use Permit No. 2002-15 and Categorical Exemption, for a property located at 21216 Cold Spring Lane (Lot 3, Tract No. 2595), Diamond Bar, Los Angeles County, California, as described in the title of his Resolution. Hereinafter in this Resolution, the subject Developrr ent Review/Minor Conditional Use Permit and Categorical Exemption shal be referred to as the "Application." 2. On November 13, 2002, 64 property owners within a 500 -foot radius of thE project site were notified by mail. On November 15, 2002, notification of hs public hearing for this project was made in the San Gabriel Valle Trib ne and Inland Valley Daily Bulletin newspapers; and a notice of public hear ng on a display board was posted at the site and displayed for at least 10 4of ys before the public hearing; as well as three other posted within the vicini the application. 3. On November 26, 2002, the Planning Commission of the City of Diamo Bar conducted and concluded a duly noticed public hearing on t Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planni Commission of the City of Diamond Bar as follows: • The 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 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) 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 21216 Cold Spring Lane (Lot 3, Tract No. 25985), Diamond Bar, California. It is a rectangular shaped lot, approximately .17 gross acres, with an existing one story legal nonconforming single-family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units/acre. The project site is zoned Single-family Residence, R-1-7,500. (c) Generally, the R-1-7,500 Zone surrounds the subject site. (d) The Application is a request to remodel and add approximately 842 square feet to an existing 1,690 square feet legal nonconforming single-family residence including the two 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 2 (RL) (maximum 3 dwelling units/acre). The Application compheS with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and 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 perceill, is comparable with the existing neighborhood, it meets the required height limitations and does not encroach further into the setbacks than the original structure. This is a one storyhome. The neighboring parcels are single -f mild residences and by maintaining the height limits of the Develop en Code, the proposed remodel is not considered an impact to the ieR corridor of surrounding properties. (f) The design and layout of the proposed development will not inter ere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Diamond Bar Boulevard, Brea Canyon Road and Cold Springs Lne adequately serve the project site. These streets are designe to handle traffic created by residential development. The project site is currently developed with a one story single -far 7ily residence. The proposed reconstruction/remodeling does not chat ge the existing use of a single-family residence. Although the propo ed addition enlarges the existing residence, it meets the 35 feet hei IN limitation per the Development Code. Additionally, the Applicat on has a style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enloymenj of neighboring existing or future development with regard to view Jor traffic. (g) The architectural design of the proposed development is compatil with the characteristics of the surrounding neighborhood and maintain and enhance the harmonious, orderly and attracti development contemplated by Chapter 22.48, the General Pian, C Design Guidelines, or any applicable specific plan. The proposed single-family residence's modern architectural style maintained at the streetscape. Colors of the composition roof, stucc and trim will be maintained. The proposed project's architectural tri and palette are compatible with the architectural style of other home within the tract. The Application design is consistent with the Gener, 9 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 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, inspections, Fire Department approvals and possibly a soils report 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). 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. Other one story structures in the vicinity have remodeled and added increased square footage. (I) 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 consister the City's General Plan objectives and strategies, Chapter 22. the Development Code, and City Design Guidelines. with 8 of (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not reE ult in the structure becoming a restriction to the eventual/future Compliance with the applicable regulations of this Development Code. The existing parcel is .17 acres approved by Tract Map No. 25985. The existing structure was completed under the Los Angeles County Code in 1966 and met the required setbacks of that Code prior t6 the City's incorporation. The distance between structures on adjo ing parcels on the sides has changed from the Los Angeles County ode Of 10 feet to 15 feet. The application maintaining the existing 12 feet 4 inches is considered a nonconforming parcel and structure A nonconforming structure is defined as any parcel or structure that as legally created or constructed prior to the adoption of the cu ent 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 his Development Code and the exterior limits of the new constructiori do not exceed the applicable height limit or encroach further into Fhe setbacks than the comparable portions of the existing structure in he front and side where the nonconformity exists. Nofurt er nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not resu!i in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. Structural plan check, City permits, inspections, Fire Departrr approvals and possibly a soils report are required for construct These processes will ensure that the finished project will not detrimental to the public health, safety, or welfare, or materi injurious to the properties or improvements in the vicir Additionally, a Covenant and Agreement is required and runs with land to maintain a single-family residence. (o) The addition, enlargement, extension, reconstruction, relocation structural alteration of the nonconforming structure would not result the structure becoming detrimental and/or injurious to property ar improvements in the neighborhood. 5 As stated in Items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 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 subject-zoning with all district with the approval of a Minor Conditional Use Permit complies other applicable provisions of this Development Code and the Municipal Code. As stated 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 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. 0 (t) Granting the Minor Conditional Use Permit will not be detrimer tal 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. Structural plan check, City permits, inspections, Fire Depart ern approvals and possibly a soils report are required for constru tion. 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 vic nity. Additionally, a Covenant and Agreement is required and runswit the land to maintain a single-family residence. The addition of square footage to the main structure follows the lig the existing one story structure in the both the front and side, maintains a 35 feet height; therefore, the proposed application ha negative affect or impact to the view corridor of surroun properties. Additionally, the colors and materials utilized are compatible with homes within the surrounding area. (u) The proposed project has been reviewed in compliance with provisions of the California Environmental Quality Act (CEQA). of no the The environmental evaluation shows that the proposed projec is categorically exempt pursuant to the guidelines of the Califon is Environmental Quality Act of 1970 (CEQA), Sections 15301(e). 5. Based upon the findings and conclusion set forth above, the Planni Commission hereby approves this Application subject to the followi conditions: (a) The project shall substantially conform to site plan, floor plans, a elevations collectively labeled as Exhibit "A" dated November 2002, as submitted to, amended herein, and approved by t Planning Commission. (b) The subject site shall be maintained in a condition that is free debris both during and after the construction, addition, implementation of the entitlement granted herein. The removal of trash, debris, and refuse, whether during or subsequent construction, shall be done only by the property owner, applicant or t duly permitted waste contractor, who has been authorized by the Ci to provide collection, transportation, and disposal of solid waste froi residential, commercial, construction, and industrial areas within th City. It shall be the applicant's obligation to insure that the wast 7 contractor utilized has obtained permits from the City of Diamond Bar to provide such services. PUBLIC WORKS (c) The Best Management Practices (BMP's) requirements shall be implemented for the construction activities on site to comply with the National Pollutant Discharge Elimination System (NPDES) regulations. (d) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall provide temporary sanitation facilities while under construction. (f) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (g) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. (h) The single-family structure requires Fire Department approval and is located in "Hi h 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 '/e 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. (i) This single-family structure shall meet the State Energy Conservation Standards. (j} The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 0 PLANNING 1 1 (k) Smoke detectors shall be provided in all sleeping rooms. (1) 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. (m) Applicant shall submit a soils report if required for the p improvements to be reviewed and approved by the City. (n) The applicant shall comply with the requirements of the I Fire Department; City Planning, Building and Safety, and Public orks Divisions. (o) 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 mate ials, color, size, quantity and location. The landscaping/irrigation she'll be installed or replaced in the front yard prior to the Planning Divis on's final inspection. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into stre'et's dedicated easement or exceed a maximum 42 inches in heiaht. (p) Drainage pattern shall be reviewed and approved by the Public rks Division; surface water shall drain away from the building at 2% minimum slope. (q) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be usec 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 ir the neighborhood. (r) The Owners/Applicants shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form tc 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. (s) Prior to any Home Base Business use in proposed office, Owners/Applicants shall obtain a Zoning Clearance subject to standards outlined in Development Code Section 22.42.070. 9 (t) 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. (u) 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, 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. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to owner, Hong -Man Le, and Applicant, Bao Nguyen, 21216 Cold Spring Lane, Diamond Bar, CA 91765. 10 1 1 APPROVED AND ADOPTED THIS 26th DAY OF NOVEMBER 2002, BY THE PLANN ING COMMISSION OF THE CITY OF DIAMOND BAR. By: 71 Jo Ruzicka, air n 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 Planping Commission held on the 26th day of November 2002, by the following vote: AYES: Commissioner: Nelson, Nolan, Tanaka, V/C Tye, Chair Ruzi ka NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: 4 J es DeStef noe-e.rlawy 11 PLANNING COMMISSION RESOLUTION NO. 2002-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-30/MINOR CONDITIONAL USE PERMIT NO. 2002-15 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND ADD APPROXIMATELY 842 SQUARE FEET TO AN EXISTING 1,690 SQUARE FEET LEGAL NONCONFORMING SINGLE-FAMILY RESIDENCE INCLUDING A TWO CAR GARAGE. THE PROJECTSITE IS LOCATED AT 21216 COLD SPRING LANE (LOT 3, TRACT NO. 25985), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Hong -Man Le, and Applicant, Bao Nguyen, have iled an application to approve Development Review No. 2002-30/Minor Conditional Use Permit No. 2002-15 and Categorical Exemption, for a property located at 21216 Cold Spring Lane (Lot 3, Tract No. 25985), Diamond Bar, Los Angeles County, California, as described in the title of his Resolution. Hereinafter in this Resolution, the subject Develop ent Review/Minor Conditional Use Permit and Categorical Exemption shal be referred to as the "Application." 2. On November 13, 2002, 64 property owners within a 500 -foot radius of he project site were notified by mail. On November 15, 2002, notification of he public hearing for this project was made in the San Gabriel Valley Trib ne and Inland Valley Daily Bulletin newspapers; and a notice of public hear ng on a display board was posted at the site and displayed for at least 10 d ys before the public hearing; as well as three other posted within the vicini of the application. 3. On November 26, 2002, the Planning Commission of the City of Dian Bar conducted and concluded a duly noticed public hearing on Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Commission of the City of Diamond Bar as follows: The 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 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) 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 21216 Cold Spring Lane (Lot 3, Tract No. 25985), Diamond Bar, California. It is a rectangular shaped lot, approximately .17 gross acres, with an existing one story legal nonconforming single-family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units/acre. The project site is zoned Single-family Residence, R-1-7,500. (c) Generally, the R-1-7,500 Zone surrounds the subject site. (d) The Application is a request to remodel and add approximately 842 square feet to an existing 1,690 square feet legal nonconforming single-family residence including the two 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 2 (RL) (maximum 3 dwelling unitslacre). The Application complie with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and pen space, the current Diamond Bar Development Code, and wit the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions o the Development Code, the site coverage is less than 40 percel t, is comparable with the existing neighborhood, it meets the req ired height limitations and does not encroach further into the setbacks than the original structure. This is a one story home. The neighboring parcels are single -f milj residences and by maintaining the height limits of the Devefop en Code the proposed remodel is not considered an impact to the iew corridor of surrounding properties. (f) The design and layout of the proposed development will not inte ere with the use and enjoyment of neighboring existing or fu ure development, and will not create traffic or pedestrian hazards. Diamond Bar Boulevard, Brea Canyon Road and Cold Springs L ne adequately serve the project site. These streets are designe to handle traffic created by residential development. The project site is currently developed with a one story single -far ily residence. The proposed reconstructionlremodeling does not chat ge the existing use of a single-family residence. Although the propo ed addition enlarges the existing residence, it meets the 35 feet hei ht limitation per the Development Code. Additionally, the Applicat n has a style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoymen of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatit with the characteristics of the surrounding neighborhood and v maintain and enhance the harmonious, orderly and attracti development contemplated by Chapter 22.48, the General Plan, C Design Guidelines, or any applicable specific plan. The proposed single-family residence's modern architectural style maintained at the streetscape. Colors of the composition roof, stucc and trim will be maintained. The proposed project's architectural tri and palette are compatible with the architectural style of other homE within the tract. The Application design is consistent with the Gener 3 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 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, inspections, Fire Department approvals and possibly a soils report 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). 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. Other one story structures in the vicinity have remodeled and added 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. CI As stated in Items (e) and (g), the proposed project is consi: the City's General Plan objectives and strategies, Chapter the 8 ito f Development Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not re ult in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing parcel is. 17 acres approved by Tract Map No. 25985. The existing structure was completed under the Los Angeles County Code in 1966 and met the required setbacks of that Code prior t the City's incorporation. The distance between structures on adjo ing parcels on the sides has changed from the Los Angeles County ode of 10 feet to 15 feet. The application maintaining the existing 12 feet 4 inches is considered a nonconforming parcel and structure A nonconforming structure is defined as any parcel or structure that as legally created or constructed prior to the adoption of the cu rent Diamond Bar Development Code adopted November 3, 1998, nd which does not conform to current Code provisionslstand rds prescribed for the zoning district in which the use is located. he proposed project conforms to the other applicable provisions of his Development Code and the exterior limits of the new constructio do not exceed the applicable height limit or encroach further into he setbacks than the comparable portions of the existing structure in he front and side where the nonconformity exists. No furt er nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction relocation or structural alteration of the nonconforming structure w , ould not resul in the structure becoming detrimental to the health, safety, and gene al welfare of persons residing in the neighborhood. Structural plan check, City permits, inspections, Fire Departrr, approvals and possibly a soils report are required for constructi These processes will ensure that the finished project will not detrimental to the public health, safety, or welfare, or materi- injurious to the properties or improvements in the vicin Additionally, a Covenant and Agreement is required and runs with land to maintain a single-family residence. (o) The addition, enlargement, extension, reconstruction, relocation structural alteration of the nonconforming structure would not result the structure becoming detrimental and/or injurious to property ar improvements in the neighborhood. As stated in Items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific Also, as stated in item (i), City permits, inspections and soils reports are required for construction and will ensure that the finished project 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 stated 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 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 detrime la' to the pubfic interest, health, safety, convenience, or welfa r , or materially injurious to person, property or improvements in the vi inity and zoning districts in which the property is located. Structural plan check, City permits, inspections, Fire Depart ent approvals and possibly a soils report are required for construction. These processes will ensure that the finished project will n t be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vic nity. Additionally, a Covenant and Agreement is required and runs wit the land to maintain a single-family residence. The addition of square footage to the main structure follows the lit e of the existing one story structure in the both the front and side, and maintains a 35 feet height; therefore, the proposed application ha 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 he provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed projec is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Sections 15301(e). 5. Based upon the findings and conclusion set forth above, the Planni g Commission hereby approves this Application subject to the followi g conditions: (a) The project shall substantially conform to site plan, floor plans, elevations collectively labeled as Exhibit "A" dated November 2002, as submitted to, amended herein, and approved by Planning Commission. (b) The subject site shall be maintained in a condition that is free debris both during and after the construction, addition, implementation of the entitlement granted herein. The removal of trash, debris, and refuse, whether during or subsequent construction, shall be done only by the property owner, applicant or duly permitted waste contractor, who has been authorized by the C to provide collection, transportation, and disposal of solid waste frc residential, commercial, construction, and industrial areas within t City. It shall be the applicant's obligation to insure that the was 7 contractor utilized has obtained permits from the City of Diamond Bar to provide such services. PUBLIC WORKS (c) The Best Management Practices (BMP's) requirements shall be implemented for the construction activities on site to comply with the National Pollutant Discharge Elimination System (NPDES) regulations. (d) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall provide temporary sanitation facilities while under construction. (f) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (g) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. (h) The single-family structure requires Fire Department approval and is located in "High F-?" and shall meet the following requirements of (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 1/4 inch nor more than 72 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 72 inch screen. (i) This single-family structure shall meet the State Energy Conservation Standards. (j) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (k) Smoke detectors shall be provided in all sleeping rooms. (1) Prior to the issuance of any construction permits, the appl submit construction plans to the Los Angeles County Fire D for review and approval. »_1010110 (m) Applicant shall submit a soils report if required for the improvements to be reviewed and approved by the City. (n) The applicant shall comply with the requirements of the I Fire Department; City Planning, Building and Safety, and Public Works Divisions. (o) A landscape/irrigation plan for the front yard shall be submitted t the Planning Division for review and approval prior to Building P rmit issuance. The plan shall delineate the type of planting mate ials, color, size, quantity and location. The landscaping/irrigation sh II be installed or replaced in the front yard prior to the Planning Divis on's final inspection. Any walls, gates, fountains, etc., that ma be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (p) Drainage pattern shall be reviewed and approved by the Public rks Division; surface water shall drain away from the building at 2% minimum slope. (q) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environm ntal setting of the residential site to levels of dust, glare/light, noise, or, traffic, or other disturbances to the existing residential neighbor ood and shall not result in significantly adverse effects on public sery ces and resources. The single-family residence shall not be use for commercial/institutional purposes, or otherwise used as a sepa ate dwelling. The property shall not be used for regular gatherings w ich result in a nuisance or which create traffic and parking problems i the neighborhood. (r) The Owners/Applicants shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form t be provided by the City. The covenant must be completed and recor ed with the Los Angeles County's Recorder's Office prior to the issua ice of a building permit. (s) 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. (t) 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. (u) 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, 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. (v) 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 owner, Hong -Man Le, and Applicant, Bao Nguyen, 21216 Cold Spring Lane, Diamond Bar, CA 91765. 1 APPROVED AND ADOPTED THIS 26th DAY OF NOVEMBER 2002, BY THE PLANING COMMISSION OF THE CITY OF DIAMOND BAR. , BY: -'61 , Jo Ruzicka, n ommissioner: I, James DeStefano, Planning Commission Secretary, do hereby certify that the 1 Resolution was duly introduced, passed, and adopted, at a regular meeting of the Commission held on the 26th day of November 2002, by the following vote: AYES: 1 ATTEST: J es DeSte-no, ecretary OES: ommissioner: BSENT: ommissioner: BSTAIN: ommissioner: Nelson, Nolan, Tanaka, V/C Tye, Chair