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HomeMy WebLinkAboutPC 2004-01PLANNING COMMISSION RESOLUTION NO. 2004-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-33/ MINOR CONDITIONAL USE PERMIT NO. 2003-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,040 SQUARE FEET ADDITION TO AN EXISTING 1,700 SQUARE FEET ONE-STORY SINGLE-FAMILY RESIDENCE WITH TWO CAR GARAGE. THE PROJECT'S ADRRESS IS 313 GUNSMOKE DRIVE (LOT 51, TRACT NO. 28105), DIAMOND BAR, CALIFORNIA A. RECITALS 1. The property owner/applicant, Philippe Colin, has filed an application to approve Development Review No. 2003-33/Minor Conditional Use Permit No. 2003-13 for a property located at 313 Gunsmoke Drive (Lot 51, Tract No. 28105), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On November 14, 2003, 117 property owners within the Application's 500 - foot radius were notified by mail and three other locations were posted within the application's vicinity. On November 19, 2003, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 9, 2003, the Diamond Bar Planning Commission conducted a duly noticed public hearing on the Application and continued the item to January 13, 2004, at which time it was concluded. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the 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 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 313 Gunsmoke Drive (Lot 51, Tract No. 28105), Diamond Bar, California. The project site is approximately .18 gross acres, 7,860 square feet. It is a near rectangular shaped lot with an existing one-story single-family residence. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum five dwelling units/acre. The project site is zoned R- 1-8,000, Single -Family Residence. (c) The R-1-8,000 zone surrounds the site. (d) The Application is a request to remodel and construct an approximate 1,040 square feet addition to an existing 1,700 square feet one-story single-family residence with two car garage. The Minor Conditional Use Permit is to maintain the existing front yard setback which is considered legal nonconforming. 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 Municipal Code. The adopted General Plan of July 25, 1995, has a land use designation of Low Medium Residential 2 (RLM) (maximum five dwelling units/acre). The Application complies with the City's General Plan objectives .and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project, conforms to Municipal Code provisions, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and the proposed project does not encroach into the setbacks. This is a single -story home. The neighboring parcels are single-family residences and by maintaining the Municipal Code's height limits, the proposed project is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Prospectors Road and Gunsmoke Drive adequately serve the project. These streets are designed to handle minimum traffic created by residential development, The project site is currently developed with a one-story single-family residence. The proposed project does not change the existing single- family residence use. Although the proposed project enlarges the existing residence, it meets the Municipal Code's 35 feet height limitation and has a style consistent with surrounding properties. The project is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed single-family residence's contemporary architectural style is maintained. The project uses architectural styling with the dual door entry; stucco; wood trim fascia; and tile roof to match the existing. The layering of materials and finishes add texture and contrast. The use of these materials provides variety and interest. By maintaining the existing architectural trim and palette, and as conditioned herein, it is compatible with the architectural style of other 3 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 similar to those currently used 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; 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 City's environmental evaluation indicates that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15301(e). MINOR CONDITIONAL USE PERMIT (1) 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 Development Code and the Municipal Code. The Development Code requires a 20 feet front yard setback in the R- 1-8, 000 zone. Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures, uses and parcels applies to this proposed project due to the existing 15 feet front yard setback. Although Tract Map 28105 allows 6 feet of public -right-of-way to be counted toward the setback, the actual on property setback is 15 feet. _ El The addition/remodel maintains the 15 feet front setback which is consistent through out the Tract and will not create incompatibility with other residences in the neighborhood. (m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in Item (e), the entire project is consistent with the General Plan. There is no specific plan applicable to this project. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As mentioned above in Item (f) and (g), the entire project as designed, located, size and operating characteristics is consistent with the General Plan and therefore compatible with the existing and future land uses in the vicinity as conditioned within this resolution. (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As mentioned above in (h) and (i), the subject. site is physically suitable for the type and density/intensity of the proposed addition/remodel including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints, (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and For the reasons referenced above in Items (e) through (o), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, properly, or improvements in the vicinity and zoning district in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15301(e). 5 LEGAL NONCONFORMING The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: (r) Incompatible with other structures in the neighborhood; The Development Code requires a 20 feet front yard setback in the R- 1-8, 000 zone. Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures, uses and parcels applies to this proposed project due to the existing 15 feet front yard setback. Although Tract Map 28105 allows 6 feet of public -right-of-way to be counted toward the setback, the actual on property setback is 15 feet The addition/remodel maintains the 15 feet front setback which is consistent through out the Tract and will not create incompatibility with other residences in the neighborhood. (s) Inconsistent with the general plan or any applicable specific plan; The proposed addition/remodel complies with the General Plan land use designation, objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. There is no applicable specific plan for this area of Diamond Bar. (t) A restriction to the eventual/future compliance with the applicable regulations of this development code; As mentioned in finding (e), (f), (g), (h), (r), (s) above, the proposed additionlremodel complies with the required development standards for the project's zoning district and will not restrict the eventual/future compliance with the applicable regulations of the City's Development Code. (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and The proposed addition/remodel will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood because it is consistent with the General Plan and required City Development standards. Additionally, the proposed remodelladdition is consistent with the existing residential structures within the neighborhood. N. (v) Detrimental and/or injurious to property and improvements in the neighborhood. The proposed addition/remodel will not be detrimental and/or injurious to property and improvements in the neighborhood because prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated January 13, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The 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 owner/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; rooftop runoff shall be directed to pervious area. Surface water shall drain away from the building at a 2% minimum slope. Drainage shall not flow over the sidewalk. (d) Prior to the issuance of a building permit, the owner/applicant shall obtain an encroachment permit for the existing wall in the public right- of-way with the following conditions: 7 (1) Owner/applicant's civil engineer shall certify the integrity of the existing retaining wall. (2) Owner/applicant's engineer shall check the condition of the wrought irons. (3) Owner/applicant shall eliminate the drain pipe discharging over the sidewalk in public right-of-way. (4) Shall relocate sprinklers and adjust them so they do not spray over sidewalk area. (5) Shall provide a drainage swale behind the retaining wall with proper slope. (6) Shall provide a yard inlet with proper grate (depth: from existing lawn to below the sidewalk) and a curb drain at the northeast corner of the property. (7) The owner/applicant shall execute and record a covenant agreement to maintain and hold the City harmless for all improvements within the public right-of-way. (8) All improvements within the public right-of-way shall be completed by appropriately licensed, insured, bonded contractor. (9) A cash deposit or bond equal to valuation of the improvements shall be posted with the City before an encroachment permit can be issued. (e) If applicable and prior to the issuance of any City permits, the owner/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 owner/applicant shall obtain the necessary NPDES permits. (f) If applicable, the owner/applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (g) Before construction begins, the Owner/applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (h) The owner/applicant shall provide temporary sanitation facilities while under construction. M (i) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the ' 2001 National Electrical Code requirements. PLANNING ()) The single-family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall he "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 '/a inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (k) This single-family structure shall meet the State Energy Conservation Standards. (1) The minimum design wind pressure shall be 80 miles per hour and Ceexposure. (m) Smoke detectors shall be provided in all sleeping rooms. (n) Due to the site's topography, owner/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. (o) The owner/applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (p) The front elevation and construction plan shall be revised to add a stucco trim element to include the garage door, the front door and the front window. The revised elevation shall be submitted to the Planning Division for review and approval. (q) A front yard landscape/irrigation plan shall be submitted to the Planning Division for review and approval prior to Building Permit issuance. The plan shall delineate the type of planting materials, 9 color, size, quantity, and location; and irrigation method. The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. (r) 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. (s) The owner/applicant shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a City provided form. The covenant shall be completed and recorded with the. Los Angeles County Recorder's Office prior to the issuance of a building permit. (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 Municipal 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 owner/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 owner/applicant shall also pay to the Department of Fish and Game 10 Li 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 Philippe Colin, 313 Gunsmoke Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13th DAY OF JANUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Ste Tye, Chair an I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of January 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: WC Nolan, Wei, Chair Tye Commissioners: Commissioners: Nelson, Tanaka 11 PLANNING COMMISSION RESOLUTION NO. 2004-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW N0.2003-33/ MINOR CONDITIONAL USE PERMIT N0. 2003-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCTAN APPROXIMATE 1,040 SQUARE FEET ADDITION TO AN EXISTING 1,700 SQUARE FEET ONE-STORY SINGLE-FAMILY RESIDENCE WITH TWO CAR GARAGE. THE PROJECT'S ADRRESS IS 313 GUNSMOKE DRIVE (LOT 51, TRACT NO. 28105), DIAMOND A. RECITALS 1. The property owner/applicant, Philippe Colin, has filed an application to approve Development Review No. 2003-33/Minor Conditional Use Permit No. 2003-13 for a property located at 313 Gunsmoke Drive (Lot 51, Tract No. 28105), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On November 14, 2003, 117 property owners within the Application's 500foot radius were notified by mail and three other locations were posted within the application's vicinity. On November 19, 2003, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 9, 2003, the Diamond Bar Planning Commission conducted a duly noticed public hearing on the Application and continued the item to January 13, 2004, at which time it was concluded. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 (e) 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 313 Gunsmoke Drive (Lot 51, Tract No. 28105), Diamond Bar, California. The project site is approximately .18 gross acres, 7,860 square feet. It is a near rectangular shaped lot with an existing one-story single-family residence. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum five dwelling units/acre. The project site is zoned R1-8,000, Single -Family Residence. (c) The R-1-8,000 zone surrounds the site. (d) The Application is a request to remodel and construct an approximate 1,040 square feet addition to an existing 1,700 square feet one- story single-family residence with two car garage. The Minor Conditional Use Permit is to maintain the existing front yard setback which is considered legal nonconforming. 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 Municipal Code. The adopted General Plan of July 25, 1995, has a land use designation of Low Medium K (RLM) (maximum five dwelling units/acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space,- the pace,the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project, conforms to Municipal Code provisions, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and the proposed project does not encroach into the setbacks. This is a single -story home. The neighboring parcels are single- family residences and by maintaining the Municipal Code's height limits, the proposed project is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Prospectors Road and Gunsmoke Drive adequately serve the project. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The proposed project does not change the existing singlefamily residence use. Although the proposed project enlarges the existing residence, it meets the Municipal Code's 35 feet height limitation and has a style consistent with surrounding properties. The project is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed single-family residence's contemporary architectural style is maintained. The project uses architectural styling with the dual door entry; stucco, wood trim fascia, and tile roof to match the existing. The layering of materials and finishes add texture and contrast. The use of these materials provides variety and interest. By maintaining the existing architectural trim and palette, and as conditioned herein, it is compatible with the architectural style of other K3 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 similar to those currently used 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; 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 singlefamily residence. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15301(e). MINOR CONDITIONAL USE PERMIT (1) 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 Development Code and the Municipal Code. The Development Code requires a 20 feet front yard setback in the 81-8,000 zone. Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures, uses and parcels applies to this proposed project due to the existing 15 feet front yard setback. Although Tract Map 28105 allows 6 feet of public - right -of -way to be counted toward the setback, the actual on CI The addition/remodel maintains the 15 feet front setback which is consistent through out the Tract and will not create incompatibility with other residences in the neighborhood. (m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in Item (e), the entire project is consistent with the General Plan. There is no specific plan applicable to this project. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As mentioned above in Item (f) and (g), the entire project as designed, located, size and operating characteristics is consistent with the General Plan and therefore compatible with the existing and future land uses in the vicinity as conditioned within this (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As mentioned above in (h) and (i), the subject site is physically suitable for the type and density/intensity of the proposed addition/remodel including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints,- (p) onstraints, (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and For the reasons referenced above in Items (e) through (o), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15301(e). 61 LEGAL NONCONFORMING The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: (r) Incompatible with other structures in the neighborhood; The Development Code requires a 20 feet front yard setback in the RI -8, 000 zone. Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures, uses and parcels applies to this proposed project due to the existing 15 feet front yard setback. Although Tract Map 28105 allows 6 feet of public - right -of -way to be counted toward the setback, the actual on property setback is 15 feet. The additionlremodel maintains the 15 feet front setback which is consistent through out the Tract and will not create incompatibility with other residences in the neighborhood. (s) Inconsistent with the general plan or any applicable specific plan; The proposed additionlremodel complies with the General Plan land use designation, objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. There is no applicable specific plan for this area of Diamond Bar. (t) A restriction to the eventual/future compliance with the applicable regulations of this development code; As mentioned in finding (e), (f), (g), (h), (r), (s) above, the proposed additicnlremodel complies with the required development standards for the project's zoning district and will not restrict the eventuallfuture compliance with the applicable regulations of the City's Development Code. (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and The proposed additionlremodel will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood because it is consistent with the General Plan and required City Development standards. Additionally, the proposed remodeUaddition is consistent with the existing residential structures within the neighborhood. n. v) Detrimental and/or injurious to property and improvements in the neighborhood. The proposed addition/remodel will notbe detrimental and/or injurious to property and improvements in the neighborhood because prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated January 13, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The 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 owner/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; rooftop runoff shall be directed to pervious area. Surface water shall drain away from the building at a 2% minimum slope. Drainage shall not flow over the sidewalk. (d) Prior to the issuance of a building permit, the owner/applicant shall obtain an encroachment permit for the existing wall in the public rightof-way with the following conditions: rA (1) Owner/applicant's civil engineer shall certify the integrity of the existing retaining wall. (2) Owner/applicant's engineer shall check the condition of the wrought irons. (3) Owner/applicant shall eliminate the drain pipe discharging over the sidewalk in public right-of-way. (4) Shall relocate sprinklers and adjust them so they do not spray over sidewalk area. (5) Shall provide a drainage swale behind the retaining wall with proper slope. (6) Shall provide a yard inlet with proper grate (depth: from existing lawn to below the sidewalk) and a curb drain at the northeast corner of the property. (7) The owner/applicant shall execute and record a covenant agreement to maintain and hold the City harmless for all improvements within the public right-of-way. (8) All improvements within the public right-of-way shall be completed by appropriately licensed, insured, bonded contractor. (9) A cash deposit or bond equal to valuation of the improvements shall be posted with the City before an encroachment permit can be issued. (e) If applicable and prior to the issuance of any City permits, the owner/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 owner/applicant shall obtain the necessary NPDES permits. (f) If applicable, the owner/applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (g) Before construction begins, the Owner/applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (h) The owner/applicant shall provide temporary sanitation facilities while under construction. 9 (1) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. Q) The single-family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than Y4 inch nor more than 1/z 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. k) This single-family structure shall meet the State Energy Conservation Standards. 1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) Smoke detectors shall be provided in all sleeping rooms. (n) Due to the site's topography, owner/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. (o) The owner/applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. PLANNING (p) The front elevation and construction plan shall be revised to add a stucco trim element to include the garage door, the front door and the front window. The revised elevation shall be submitted to the Planning Division for review and approval. (q) A front yard landscape/irrigation plan shall be submitted to the Planning Division for review and approval prior to Building Permit issuance. The plan shall delineate the type of planting materials, 9 color, size, quantity, and location; and irrigation method. The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. (r) 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. (s) The owner/applicant shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a City provided form. The covenant shall be completed and recorded with the. Los Angeles County Recorder's Office prior to the issuance of a building permit. (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 Municipal 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 owner/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 owner/applicant shall also pay to the Department of 1 my such fee and any fine which the Department determines to be owed. Fhe 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 Philippe Colin, 313 Gunsmoke Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13th DAY OF JANUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of January 2004, by the following vote: AYES: Commissioners: WC Nolan, Wei, Chair Tye NOES: Commissioners: ABSENT: Commissioners: Nelson, Tanaka ABSTAIN: ATTEST 1