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HomeMy WebLinkAboutPC 2003-14A RESOLUTION OF THE PLANNING COMMISSION OF THCITY OF DIAMOND BAR APPROVING DEVELOPMENT R VIEW NO. 2003-04/MINOR CONDITIONAL USE PERMIT NO. 2 03-07 AND CATEGORICAL EXEMPTION 15301(e), A REQUE T TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,242 SQUARE FOOT ADDITION AND COVERED PATIO TO AN EXISTINC 2,333 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE WITH COVERED PATIO AND THREE CAR GARAGE. THE PR JECT SITE IS LOCATED AT 1609 ANO NUEVO DRIVE (LOT 141,RACT NO. 27979), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property Owners/Applicants, Anthony E. and Desiree A. Maese, have filed an application to approve Development Review No. 2303-04/ry inor Conditional Use Permit No. 2003-07, for a property located at 1609 Ano Nuevo Drive (Lot 141, Tract No. 27979), 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 Prmit and Categorical Exemption shall be referred to as the "Application." 2. On May 7, 2003, 79 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were pos ed withir the application's vicinity. On May 13, 2003, project's public hearing notification was published in the San Gabriel Valley Tribune and Inlanc Valley Daily Bulletin newspapers and a public hearing notice display board vas post d at the site. 3. On May 27, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Applica ion. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by 1he Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and co rect. 2. The Planning Commission hereby determines that the project identified ' above in this Resolution is categorically exempt from the requirements o the California Environmental Quality Act of 1970 (CEQA) and guide li es PLANNING COMMISSION RESOLUTION NO. 2003-14 A RESOLUTION OF THE PLANNING COMMISSION OF THCITY OF DIAMOND BAR APPROVING DEVELOPMENT R VIEW NO. 2003-04/MINOR CONDITIONAL USE PERMIT NO. 2 03-07 AND CATEGORICAL EXEMPTION 15301(e), A REQUE T TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,242 SQUARE FOOT ADDITION AND COVERED PATIO TO AN EXISTINC 2,333 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE WITH COVERED PATIO AND THREE CAR GARAGE. THE PR JECT SITE IS LOCATED AT 1609 ANO NUEVO DRIVE (LOT 141,RACT NO. 27979), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property Owners/Applicants, Anthony E. and Desiree A. Maese, have filed an application to approve Development Review No. 2303-04/ry inor Conditional Use Permit No. 2003-07, for a property located at 1609 Ano Nuevo Drive (Lot 141, Tract No. 27979), 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 Prmit and Categorical Exemption shall be referred to as the "Application." 2. On May 7, 2003, 79 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were pos ed withir the application's vicinity. On May 13, 2003, project's public hearing notification was published in the San Gabriel Valley Tribune and Inlanc Valley Daily Bulletin newspapers and a public hearing notice display board vas post d at the site. 3. On May 27, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Applica ion. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by 1he Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and co rect. 2. The Planning Commission hereby determines that the project identified ' above in this Resolution is categorically exempt from the requirements o the California Environmental Quality Act of 1970 (CEQA) and guide li es 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 1609 Ano Nuevo Drive (Lot 141, Tract No. 27979), Diamond Bar, California. The project site is approximately .25 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-1-10,000. (c) The R-1-10,000 zone surrounds the subject site to the south and east and the R-1-8,000 zone is to the north and west. (d) The Application is a request to remodel and construct an approximate 1,242 square foot addition and covered patio to an existing 2,333 square foot one-story single-family residence with covered patio and three car garage. Additionally, the applicant requests Minor Conditional Use Permit approval for the continuation of an approximately 14 feet legal nonconforming distance between structures on the southerly adjoining parcels. 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. 2 1 1 The project site, currently developed with a one-story) single residence, was established before the adoption of the ity's G Plan and current Municipal Code. The adopted General F July 25, 1995, has a land use designation of Low Dens ty Resin (RL) (max. 3 du/acre). The Application complies With the General Plan objectives and strategies related to m intaini, integrity of residential neighborhoods and open space, the i Diamond Bar Municipal Code, and with the City's DesLc rn Guid There is no specific plan. The proposed project conforms to applicable pro 'sior Municipal Code, the site coverage is less than 40 pc comparable with the existing neighborhood, it meets the height limitations, and it does not encroach into the se bac This is a single story home. The neighboring parcels are single -f residences and by maintaining the height limits of the Mi inicipal C the proposed remodel is not considered an impact to the view co of surrounding properties. (f) The design and layout of the proposed development wi I not inte with the use and enjoyment of neighboring existing or f[ development, and will not create traffic or pedestrian hazards. Kiowa Crest Drive and Ano Nuevo Drive adequately site. These streets are designed to handle minimum residential development. The project site is currently developed with a one-story residence. The proposed reconstruction/remodeling do the existing use of a single-family residence. Although addition enlarges the existing residence, it meets the limitation per the Municipal Code. Additionally, the Api style consistent with surrounding properties. The st expected to unreasonably interfere with the use and neighboring existing or future development with regG traffic. (g) The architectural design of the proposed development with the characteristics of the surrounding neighbor) maintain and enhance the harmonious, orderly a development contemplated by Chapter 22.48, the Gen Design Guidelines, or any applicable specific plan. The proposed single family residence's contemp style is maintained. The project uses architectural 3 of tial the the is re re the pr ' ct : create d by ngle-f mily not ch nae feet h ight ation h 9s a ture is not joymei it of to vie or compa ible od and will J attractive al Plan, City [rchitec ral with the use of existing dual door entry, stucco; wood trim fascia; and layering of materials and finishes with asphalt shingles and multi-levels of roof lines that adds texture and contrast. The obscure six inch glass block window is for the bathroom addition. The use of these materials provides variety and interest. By maintaining the project's architectural trim and palette, it is 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 Municipal 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, 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 Recorded 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. 4 As stated in item (g), the proposed project is compatr le with ther ' structures in the vicinity. Many one and two-story strictures i the vicinity have remodeled and added the 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. As stated in Items (e) and (g), the proposed project is the City's General Plan objectives and strategies, Ci the Municipal Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, structural alteration of the nonconforming structure wog the structure becoming a restriction to the eventual/futu with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 2; as .25 acres. The existing structure was completed Angeles County Code in 1970 and met the required s6 Code prior to the City's incorporation. The dista ' structures on adjoining parcels on the sides has chat Los Angeles County Code of 10 feet to 15. The appli existing approximately 14 feet distance between stri southerly property line is considered a nonconformh structure. These are defined as any parcel or strut legally created or constructed prior to the adoption Diamond Bar Municipal Code adopted November 3, 19 does not conform to current Code provisions/standards the zoning district in which the use is located. The proposed project conforms to the other applicab the Municipal Code and the exterior limits of the new i not exceed the applicable height limit or encroach setbacks than the comparable portions of the existing front and side where the nonconformity exists. nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, structural alteration of the nonconforming structure wou the structure becoming detrimental to the health, safety welfare of persons residing in the neighborhood. 5 insistent with oter 22. 8 of relocatic n or d not res ilt in a compliance 79, Lot 141, der the Los packs ol that 9d fro the tion wi an ures a the parcel and e that was the current , and vvhich 9scr1beV for 5 of do the the No relocatioor Id not res It in and ge eral 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 Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 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 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 Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state 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. 0 (s) The subject site is physically suitable for the type and de nsity/inte sity of use being proposed including access, provisions of util ties, ' compatibility with adjoining land uses, and the absence of phy ical constraints. As stated in Items (e -o), the subject site is physically s itable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land ises, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be etrimenlal to the public interest, health, safety, convenience, o welfare, or materially injurious to person, property or improvements in the vi inity and zoning districts in which the property is located. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicini . Additionally, a Recorded 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 five of ' the existing one-story structure in the both the front and side, and maintains a 35 feet height; therefore, the proposed app 'cation h6 s no negative effect or impact to the view corridor ot surrounding properties. Additionally, the colors and materials utilized are compatible wil the homes within the surrounding area. (u) The proposed project has been reviewed in compli nce with the provisions of the California Environmental Quality Act JCECA). The environmental evaluation shows that the propo ed proje t is categorically exempt pursuant to the guidelines of Jhe California Environmental Quality Act of 1970 (CEQA), Sections 15301(e). 5. Based upon the findings and conclusion set forth above, Ithe Pian ing Commission hereby approves this Application subject to he folio ing conditions: (a) The project shall substantially conform to site plan, flo r plans, and elevations collectively labeled as Exhibit "A" dated May 27, 2003, as ' submitted to, amended herein, and approved by the Plan ing Commission. 7 (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. PUBLIC WORKS (c) The 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. Flow shall not run onto the sidewalk, and an Encroachment Permit may be required for a subdrain system to direct the runoff into the gutter via a curb drain. (d) If applicable and prior to 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) Before construction begins, the Applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (g) The applicant shall provide temporary sanitation facilities while under construction. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. N 1 1 PLANNING .1� (i) The single-family structure requires Fire Department a provai a d is located in "High Fire Zone" and shall meet the following requirerrTents of that fire zone: (1) All roof covering shall be "Fire Retardant, Glass A"; the roofs shall be fire stopped at the eaves to preclude entry ol 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 1/2 inch in any dimension except where such openings are equipped with sash o door; (4) Chimneys shall have spark arresters of maxi um '/2 inch screen. (j) This single-family structure shall meet the State Energy Conse 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 roo0s. (m) Prior to the issuance of any construction permits, thepplicant hall submit construction plans to the Los Angeles County Fi Depart ent for review and approval. (n) Applicant shall submit a soils report if required for the prop improvements to be reviewed and approved by the Cit . (o) 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 (p) The applicant shall comply with the requirements of qity Plan ing, Building and Safety, Public Works Divisions, and the Fir Departent. (q) A landscape/irrigation plan for the front yard shall be submitted t, Planning Division for review and approval prior to BL ilding Pi issuance. The plan shall delineate the type of planti ig mate color, size, quantity and location. The landscaping/irrig ation sh. installed or replaced in the front yard prior to the Plann'ng Divis final inspection. Any walls, gates, fountains, etc. hat ma,, E the rmit ais, I be m's be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (r) The plan shall be revised to add a stucco trim element on the east elevation at an approximate height to match the railing on the existing main structure. The revised elevation shall be submitted to the Planning Division for review and approval. (s) The Applicant shall obtain Planning approval and a building permit for the existing on-site patio or remove the existing structure prior to issuance of any City permits for this Planning Commission approval. (t) 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. (u) 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. (v) 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 Municipal Code. (w) 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. 10 (x) If the Department of Fish and Game determines that Fish and game Code Section 711.4 applies to the approval of this project, the the applicant shall remit to the City, within five days of this giant's approval, a cashier's check of $25.00 for a documentary handlin fee in connection with Fish and Game Code requirements. Furtherr iore, if this project is not exempt from a filing fee imposec becaus the project has more than a deminimis impact on fish ar d wildlife, the applicant shall also pay to the Department of Fish a id Game any such fee and any fine which the Department determines to be o Ned. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, b certified mail to Anthony E. and Desiree A. Maese, 1609 Ano Nuevo I rive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th DAY OF May 2003, BY THE- PLANINIING COMMISSION OF THE CITY OF DIAMOND BAR. ,-F( BY , J�, Steve Tye, airman I, James DeStefano, Planning Commission Secretary, do hereby certify tha the fore oing Resolution was duly introduced, passed, and adopted, at a regular meeting f the Pla ning Commission held on the 27th day of May 2003, by the following vote: AYES: Commissioners: Nelson, Ruzicka, Tanaka, Chair Tye NOES: Commissioner: ABSENT: Commissioner: WC Nolan ABSTAIN: Commissio er: ATTEST: !� ;,names DeS efano, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2003-14 A RESOLUTION OF THE PLANNING COMMISSION OF TH OF DIAMOND BAR APPROVING DEVELOPMENT R N0.2003-04/MINOR CONDITIONAL USE PERMIT NO. 2 AND CATEGORICAL EXEMPTION 15301(e), A REQUE REMODEL AND CONSTRUCT AN APPROXIMATE 1,242 S( FOOT ADDITION AND COVERED PATIO TO AN EXISTIN( SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCI COVERED PATIO AND THREE CAR GARAGE. THE PRI SITE IS LOCATED AT 1609 AND NUEVO DRIVE (LOT 141,' NO. 27979), DIAMOND BAR, CALIFORNIA. A. RECITALS CITY VIEW T TO DARE 2,333 WITH 1. The property Owners/Applicants, Anthony E. and Desiree A. Maese, aye filed an application to approve Development Review No. 2 03-04/ inor Conditional Use Permit No. 2003-07, for a property located at 1609 no Nuevo Drive (Lot 141, Tract No. 27979), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Here nafter in this Resolution, the subject Development Review/Minor Condition I Use P rmit and Categorical Exemption shall be referred to as the "Applic tion." 2. On May 7, 2003, 79 property owners within a 500 -foot radius f the pr ject site were notified by mail and three other locations were pos ed withi the application's vicinity. On May 13, 2003, project's public heari g notific tion was published in the San Gabriel Valley Tribune and Inlanc Valley Daily Bulletin newspapers and a public hearing notice display board as post d at the site. 3. On May 27, 2003, the Planning Commission of the City of Diamond conducted and concluded a duly noticed public hearing on th Applica B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planing Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the fact set forth in the Recitals, Part A, of this Resolution are true and co rect. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements o the California Environmental Quality Act of 1970 (CEQA) an guidelines promulgated thereunder. This is pursuant to Section 15301 (e) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 1609 Ano Nuevo Drive (Lot 141, Tract No. 27979), Diamond Bar, California. The project site is approximately .25 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-1-10,000. (c) The R-1-10,000 zone surrounds the subject site to the south and east and the R-1-8,000 zone is to the north and west. (d) The Application is a request to remodel and construct an approximate 1,242 square foot addition and covered patio to an existing 2,333 square foot one-story single-family residence with covered patio and three car garage. Additionally, the applicant requests Minor Conditional Use Permit approval for the continuation of an approximately 14 feet legal nonconforming distance between structures on the southerly adjoining parcels. 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. 2 The project site, currently developed with a one-storyl single-f4mily residence, was established before the adoption of the ity's Ge eral Plan and current Municipal Code. The adopted General PI n of July 25, 1995, has a land use designation of Low Dens ty Reside ntial (RL) (max. 3 du/acre). The Application complies With the Oilys General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open spac , the current Diamond Bar Municipal Code, and with the City's Desi n Guidel nes. There is no specific plan. The proposed project conforms to applicable pro fsions o the Municipal Code, the site coverage is less than 4 perce t, is comparable with the existing neighborhood, it meet the req fired height limitations, and it does not encroach into the se backs. This is a single story home. The neighboring parcels ar single-family residences and by maintaining the height limits of the M nicipal de, 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 inteifere with the use and enjoyment of neighboring existing or f ture development, and will not create traffic or pedestrian hazards. Kiowa Crest Drive and Ano Nuevo Drive adequately se a the pr ject site. These streets are designed to handle minimum tra is create d by residential development. The project site is currently developed with a one-sto single-family residence. The proposed reconstructiorVremodeling does not change the existing use of a single-family residence. Although he prop sed addition enlarges the existing residence, it meets the 5 feet height limitation per the Municipal Code. Additionally, the Application h s a style consistent with surrounding properties. The structure i not expected to unreasonably interfere with the use and njoyme t of neighboring existing or future development with rega d to vie or traffic. (g) The architectural design of the proposed development s compa ible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attra tive development contemplated by Chapter 22.48, the Gen ral Plan, ity Design Guidelines, or any applicable specific plan. The proposed single family residence's contemporary archi style is maintained. The project uses architectural stylin with 3 of existing dual door entry; stucco; wood trim fascia; and layering of materials and finishes with asphalt shingles and multi-levels of roof lines that adds texture and contrast. The obscure six inch glass block window is for the bathroom addition. The use of these materials provides variety and interest. By maintaining the project's architectural trim and palette, it is 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 Municipal 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, 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 Recorded 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. 4 As stated in Item (g), the proposed project is compattP le with ther structures in the vicinity. Many one and two-story st—ctures i" the vicinity have remodeled and added the increased squ re foota e. (I) The addition, enlargement, extension, reconstruction, relocati n or structural alteration of the nonconforming structure wo Id not res It in the structure becoming inconsistent with the Genera Plan or any applicable specific plan. As stated in Items (e) and (g), the proposed project is c nsistenI with the City's General Plan objectives and strategies, Ch pter 22. 8 of the Municipal Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocati n or structural alteration of the nonconforming structure would not res It in the structure becoming a restriction to the eventual/future compli nce with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 27979, Lot 141, as.25 acres. The existing structure was completed nder the Los Angeles County Code in 1970 and met the required setbacks o that Code prior to the City's incorporation. The distance between structures on adjoining parcels on the sides has char ged fro the Los Angeles County Code of 10 feet to 15. The application wit an existing approximately 14 feet distance between structures a the southerly property line is considered a nonconformi parcel and structure. These are defined as any parcel or struc ure that was legally created or constructed prior to the adoption f the current Diamond Bar Municipal Code adopted November 3, 1998, and ich does not conform to current Code provisionslstandards rescrib for the zoning district in which the use is located. The proposed project conforms to the other applicable provisio s of the Municipal Code and the exterior limits of the new c nstructio do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing s ructure i the front and side where the nonconformity exists. No fu her nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocatio or structural alteration of the nonconforming structure wou d not res lit in the structure becoming detrimental to the health, safety, and ge eral welfare of persons residing in the neighborhood. 5 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 Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderlyand 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 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 Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state 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. 6 (s) The subject site is physically suitable for the type and d nsity of use being proposed including access, provisions of compatibility with adjoining land uses, and the absence of constraints. As stated in items (e -o), the subject site is physically s itable fo the type and density/intensity of use being proposed inch ding ac ess, provisions of utilities, compatibility with adjoining land ses, an the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be etrimen I to the public interest, health, safety, convenience, o welfar , or materially injurious to person, property or improvement in the vi inity and zoning districts in which the property is located. City permits, inspections and soils reports are require for construction and will ensure that the finished project will net be detrimental to the public health, safety, or welfare, or mate Tally injurious to the properties or improvements in the vicini . Additio ally, a Recorded 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 Ii a of the existing one-stofy structure in the both the front and side, and maintains a 35 feet height; therefore, the proposed app 'cation h s no negative effect or impact to the view corridor o 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 compli4nce with the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that the proposed prcje—t is categorically exempt pursuant to the guidelines of he California Environmental Quality Act of 1970 (CEQA), Sections 5301(e). 5. Based upon the findings and conclusion set forth above, the Planing Commission hereby approves this Application subject to he following conditions: (a) The project shall substantially conform to site plan, flo r plans, and elevations collectively labeled as Exhibit "A" dated Ma 27, 200 , as submitted to, amended herein, and approved by he Planing Commission. 7 (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. PUBLIC WORKS (c) The 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. Flow shall not run onto the sidewalk, and an Encroachment Permit may be required for a subdrain system to direct the runoff into the gutter via a curb drain. (d) If applicable and prior to 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) Before construction begins, the Applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (g) The applicant shall provide temporary sanitation facilities while under construction. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. 8 PLANNING (i) The single-family structure requires Fire Department al located in "High Fire Zone" and shall meet the following of that fire zone: (1) All roof covering shall be "Fire Retardant, Cla shall be fire stopped at the eaves to precluc flame or members under the fire; (2) All enclosed under -floor areas shall be constru walls; (3) All openings into the attic, floor, and/or other shall be covered with corrosion -resistant wire than 1/4 inch nor more than Y2 inch in any din where such openings are equipped with sash (4) Chimneys shall have spark arresters of ma screen. Q) This single-family structure shall meet the State Standards. (k) The minimum design wind pressure shall be 80 miles "C" exposure. (I) Smoke detectors shall be provided in all sleeping (m) Prior to the issuance of any construction permits, the submit construction plans to the Los Angeles County F for review and approval. (n) Applicant shall submit a soils report if required for improvements to be reviewed and approved by the C proval and is equire nts A"; tile roofs entry o the !d as ext rior nosed a eas esh not less ision a ept door; num Y2 inch icant thall (o) Due to the site's topography, applicant shall compl with design requirements as specified in the California B3ildin Section 18.4.3, building setback, top and toe of slopes (p) The applicant shall comply with the requirements of ity Planing, Building and Safety, Public Works Divisions, and the Fir Depart ent. (q) 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 Divisi n's final inspection. Any walls, gates, fountains, etc. hat ma be 9 proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (r) The plan shall be revised to add a stucco trim element on the east elevation at an approximate height to match the railing on the existing main structure. The revised elevation shall be submitted to the Planning Division for review and approval. (s) The Applicant shall obtain Planning approval and a building permit for the existing on-site patio or remove the existing structure prior to issuance of any City permits for this Planning Commission approval. (t) 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. (u) 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. (v) 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 Municipal Code. (w) 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. 10 (x) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this pr ject, the the applicant shall remit to the City, within five days f this giant's approval, a cashier's check of $25.00 for a documentary handlin fee in connection with Fish and Game Code requirements. Further ore, if this project is not exempt from a filing fee impose because the project has more than a deminimis impact on fish a rd wildlife, the applicant shall also pay to the Department of Fish a d Gam any such fee and any fine which the Department determin s to be o ed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, b certified mail to Anthony E. and Desiree A. Maese, 1609 Ano Nuevo rive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th DAY OF May 2003, BY THE PLAN ING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Tye, airman I, James DeStefano, Planning Commission Secretary, do hereby certify tha the fore oing Resolution was duly introduced, passed, and adopted, at a regular meeting f the Pla ning Commission held on the 27th day of May 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Nelson, Ruzicka, Tanaka, Chair Tye Commissioner: Commissioner: WC Nolan Commissioner: Secretary 11