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HomeMy WebLinkAboutPC 2004-03PLANNING COMMISSION RESOLUTION NO. 2004-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-15, MINOR CONDITIONAL USE PERMIT NO. 2003-12 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION WITH BLACONIES AND A ONE CAR TANDEM GARAGE OF APPROXIMATELY 3,675 SQUARE FEET TO AN EXISTING 4,136 SQUARE FOOT ONE STORY SINGLE FAMILY RESIDENCE WITH ATHREE CAR GARAGE AND SWIMMING POOL/SPA. THE PROJECT SITE IS LOCATED AT 2240 RUSTY PUMP ROAD (LOT 475, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Mr. Sen Xiao Li and Ming K. Lan of Lan and Associates have filed an application for Development Review No. 2003-15. Minor Conditional Use Permit No. 2003-12 and categorical exemption for a property located at 2240 Rusty Pump Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exernCfin shall be referred to as the "Application." 2. On December 22, 2003, public hearing notices were mailed to approximately 30 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on December 30, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On January 13, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This 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 finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(e) (1) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 2240 Rusty Pump Road (Lot 47, Tract No. 23483) within a gated community identified as "The Country Estates." Tile project site, a corner lot (Rusty Pump Road/Indian Creek Road) is rectangle shaped widening to the west property line and sloping downward to the west and north property lines. It is approximately 1.28 acres (55,757gross square feet) with an existing pad area of approximately 14,000 square feet. According to the Tract Map, the project site does not contain a flood hazard or restricted use area; however, it does contain an easement for streets, sewers and storm drains. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 zone. (e) The application request is to construct a first and second story addition/remodel including balconies and a one car tandem garage for a total of approximately 3,675 square feet to an existing one story single family residence with a three car garage totaling to approximately 4,136 square feet. The project site also contains an existing swimming pool and spa that will be maintained. As a result, the proposed addition/remodel will create a single-family residence of approximately 7,811 square feet. The Minor Conditional Use Permit E is due to the existing front yard setback which is considered legal nonconforming. Development „Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The project site, an existing lot developed with a one story single family residence with a three car garage totaling to 4,136 square feet. The project site is located within an existing subdivision located within "The Country Estates" that is developed with one and two story single family residences subdivided and constructed prior to the City's incorporation. The present use of the project site is single-family residential and with the approval and construction of the proposed addition/remodel, the project site will continue to be utilized as a single-family residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. Additionally, the proposed addition/remodel complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed addition and remodel is compatible with the existing architectural styles in the neighborhood and `The Country Estates" which is eclectic. (g) 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. The project site is currently utilized for a single-family residence and will continue as such with the construction of the proposed addition/remodel. The proposed project is consistent with other single- family residences within the neighborhood As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The project site is 55,757 square feet and is large enough to accommodate the proposed addition/remodel. The proposed addition meets the required setbacks, separation between structures on adjacent properties and will 3 maintain a lot coverage of approximately 10 percent which is less than the maximum allowed 30 percent. The proposed residence is not expected to create traffic or pedestrian hazards due to the fact that the existing use of the project site is single-family residence and will continue to be single-family residential. Additionally, Rusty Pump Road and Indian Creek Road (private streets) adequately serve the project site and were established to handle the residential traffic generated by the existing developed subdivision. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. `The Country Estates" homeowners' association architectural committee has approved the proposed materials/colors board and architectural plans. The proposed roof is a variation of earth tones. The stucco/paint colors are also earth tones with varying shades. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Prominent architectural features for the proposed residence include the front entry flanked by four columns and the circular facade and fenestration utilized for the exterior wall of the proposed living room and second story balcony. As a result, the prominent architectural features creates architectural interest with depth and substance and varying front facade planes, thereby reducing the mass at the streetscape which complies with the City Design Guidelines. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good 4 aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e) (1), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 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; Pursuant to the Development Code, it is required that the front yard setback of 30 feet be maintained in the R-1-40,000 zone. Pursuant to 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 front yard setback. Within the R-1-40,000 zone that equates to setback standards listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 25 feet for approximately 17 linear feet to 35 feet. Since this setback is existing, it will not be changed for the additionlremodel. The proposed project will maintain the 25 foot front setback for 17 linear feet 5 The 25 foot front setback for 17 linear feet will not create incompatibility with other residences in the neighborhood. Front yard setbacks within `The Country Estates" vary with 20 feet being the minimum requirement for past codes. Maintaining the existing front setback which varies from 25 feet to 35 feet creates architectural interest with depth and substance and varying front fagade planes, thereby reducing the mass at the streetscape which staff supports. {m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in Item (f), the entire project is consistent with the General Plan. There is not a 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 (g) and (h), the entire project as designed, located, size and operating characteristics is consistent with the General Plan, and therefore., is 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 (g) and (h), 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 (f) 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. 0 (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e) (1), the City has determined that this project is categorically exempt. 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; Pursuant to 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 front yard setback. Within the R-1-40, 000 zone that equates to setback standards listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 25 feet for approximately 17 linear feet to 35 feet. Since this setback exists, it will not be changed for the addition/remodel. The proposed project will maintain the 25 foot front setback for 17 linear feet. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 25 foot front setback for 17 linear feet will not create incompatibility with other residences in the neighborhood. Front yard setbacks within `The Country Estates" vary with 20 feet being the minimum requirement for past codes. Maintaining the existing front setback which varies from 25 feet to 35 feet creates architectural interest with depth and substance and varying front fagade planes, thereby reducing the mass at the streetscape which is supported by staff. (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; 7 The proposed addition/remodel maintains the required front yard setback except for 17 linear feet of the existing frontage and maintains a lot coverage of approximately 10 percent which is one- third of the maximum allowed 30 percent. Additionally, as mentioned in finding (f), (g), (h) (1) and (r) above, the proposed addition remodel 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 remodel/addition is consistent with the existing residential structures within the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. The proposed addition/remodel will not be detrimental and/orinjurious 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 on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, sections, elevations, landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated January 13, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and 0 refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a landscape/irrigation plan for the City's review and approval. Said landscape plan shall include hardscape for the driveway. Landscaping and irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Any future retaining walls/walls/structures shall not exceed an exposed height of 42 inches within the front yard setback. (f) If applicable, 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. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (i) The proposed residence shall comply with the State Energy Conservation Standards. (j) Surface water shall drain away from the proposed residence ata two - percent minimum slope. (k) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. N (2) All unenclosed 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 114 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 112 inch screen. {I) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (m) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (n) All balconies shall be designed for a 40 -pound per square foot live load. (o) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (p) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (q) The applicant 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 Recorders Office prior to the issuance of a building permit. (r) Prior to the issuance of any City permits, the applicant shall remove the existing structure that houses pigeons and all pigeons from the project site. Said removal shall be verified by a City inspector. (s) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. 10 A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (t) This grant shall not be effective for any purpose until the permittee and owner 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 of 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, school fees and fees for the review of submitted reports. (u) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Sen Xiao Li, 2240 Rusty Pump Road, Diamond Bar, CA 91765 and Mr. Ming K. Lan of Lan and Associates, 2324 N. Batavia Street, Unit #102, Orange, CA 92865. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2004, BY THE COMMISSION OF THE CITY OF DIAMOND BAR. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of January 2004, by the following vote: AYES: Commissioners: V/C Nolan, Wei, C/Tye NOES: None ABSENT: Commissioners: Nelson, Tanaka ABSTAIN: ATTEST: James DeSte no, Secretary 12 'LANNING COMMISSION RESOLUTION NO. 2004-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW N0. 2003-15, MINOR CONDITIONAL USE PERMIT NO. 2003-12 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION WITH BLACONIES AND A ONE CAR TANDEM GARAGE OF APPROXIMATELY 3,675 SQUARE FEET TO AN EXISTING 4,136 SQUARE FOOT ONE STORY SINGLE FAMILY RESIDENCE WITH ATHREE CAR GARAGE AND SWIMMING POOL/SPA. THE PROJECT SITE IS LOCATED AT 2240 RUSTY PUMP ROAD (LOT 475, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Mr. Sen Xiao Li and Ming K. Lan of Lan and Associates have filed an application for Development Review No. 2003-15. Minor Conditional Use Permit No. 2003-12 and categorical exemption for a property located at 2240 Rusty Pump Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exernf-° ;,n shall be referred to as the "Application." 2. On December 22, 2003, public hearing notices were mailed to approximately 30 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on December 30, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On January 13, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby finds that the project identified above in this Resolution is itegorically exempt pursuant to Section 15301 (e) (1) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 2240 Rusty Pump Road (Lot 47, Tract No. 23483) within a gated community identified as "The Country Estates." The project site, a corner lot (Rusty Pump Road/Indian Creek Road) is rectangle shaped widening to the west property line and sloping downward to the west and north property lines. It is approximately 1.28 acres (55,757gross square feet) with an existing pad area of approximately 14,000 square feet. According to the Tract Map, the project site does not contain a flood hazard or restricted use area; however, it does contain an easement for streets, sewers and storm drains. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 zone. (e) The application request is to construct a first and second story addition/remodel including balconies and a one car tandem garage for a total of approximately 3,675 square feet to an existing one story single family residence with a three car garage totaling to approximately 4,136 square feet. The project site also contains an existing swimming pool and spa that will be maintained. As a result, the proposed addition/remodel will create a single-family residence of approximately 7,811 square feet. The Minor Conditional Use 2 s due to the existing front yard setback which is considered legal nonconforming. development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The project site, an existing lot developed with a one story single family residence with a three car garage totaling to 4,136 square feet. The project site is located within an existing subdivision located within "The Country Estates" that is developed with one and two story single family residences subdivided and constructed prior to the City's incorporation. The present use of the project site is single-family residential and with the approval and construction of the proposed addition/remodel, the project site will continue to be utilized as a single-family residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of Rural Residential (RR) Maximum 1 DUTAAC. Additionally, the proposed addition/remodel complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed addition and remodel is compatible with the existing architectural styles in the neighborhood and 'The Country Estates" which is eclectic. (g) 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. The project site is currently utilized for a single-family residence and will continue as such with the construction of the proposed addition/remodel. The proposed project is consistent with other singlefamily residences within the neighborhood As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The project site is 55,757 square feet and is large enough to accommodate the proposed additioNremodel. The proposed addition meets the required setbacks, separation between structures K3 maintain a lot coverage of approximately 10 percent which is less than the maximum allowed 30 percent. The proposed residence is not expected to create traffic or pedestrian hazards due to the fact that the existing use of the project site is single-family residence and will continue to be single-family residential. Additionally, Rusty Pump Road and Indian Creek Road (private streets) adequately serve the project site and were established to handle the residential traffic generated by the existing developed subdivision. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any The proposed project's architectural style (as referred to in the application) is Mediterranean. "The Country Estates" homeowners' association architectural committee has approved the proposed materials/colors board and architectural plans. The proposed roof is a variation of earth tones. The stucco/paint colors are also earth tones with varying shades. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Prominent architectural features for the proposed residence include the front entry flanked by four columns and the circular fagade and fenestration utilized for the exterior wall of the proposed living room and second story balcony. As a result, the prominent architectural features creates architectural interest with depth and substance and varying front fagade planes, thereby reducing the mass at the streetscape which complies with the City Design Guidelines. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good E aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e) (1), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 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; Pursuant to the Development Code, it is required that the front yard setback of 30 feet be maintained in the R-1-40,000 zone. Pursuant to 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 front yard setback. Within the R- 1-40,000 zone that equates to setback standards listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 25 feet for approximately 17 linear feet to 35 feet. Since this setback is existing, it will not be changed for the additioNremodeL oposed project will maintain the 25 foot front setback for 17 linear feet The 25 foot front setback for 17 linear feet will not create incompatibility with other residences in the neighborhood. Front yard setbacks within 'The Country Estates" vary with 20 feet being the minimum requirement for past codes. Maintaining the existing front setback which varies from 25 feet to 35 feet creates architectural interest with depth and substance and varying front fagade planes, thereby reducing the mass at the streetscape which (m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in Item (f), the entire project is consistent with the General Plan. There is not a 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 (g) and (h), the entire project as designed, located, size and operating characteristics is consistent with the General Plan, and therefore., is 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 (g) and (h), 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 (f) 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. 0 (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e) (1), the City has determined that this project is categorically exempt. 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; Pursuant to 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 front yard setback. Within the R-1-40,000 zone that equates to setback standards listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 25 feet for approximately 17 linear feet to 35 feet. Since this setback exists, it will not be changed for the additionlremodel. The proposed project will maintain the 25 foot front setback for 17 linear feet. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 25 foot front setback for 17 linear feet will not create incompatibility with other residences in the neighborhood. Front yard setbacks within "The Country Estates" vary with 20 feet being the minimum requirement for past codes. Maintaining the existing front setback which varies from 25 feet to 35 feet creates architectural interest with depth and substance and varying front fagade planes, thereby reducing the mass at the streetscape which is supported by staff. (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; 7 The proposed addition/remodel maintains the required front yard setback except for 17 linear feet of the existing frontage and maintains a lot coverage of approximately 10 percent which is onethird of the maximum allowed 30 percent. Additionally, as mentioned in finding (f), (g), (h) (1) and (r) above, the proposed addition remodel 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 (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 remodel/addition is consistent with the existing residential structures within the neighborhood. (v) Detrimental arid/or injurious to property and improvements in the neighborhood. The proposed addition/remodel will not be detrimental andlorinjurious 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 on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, sections, elevations, landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated January 13, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and IQ refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a landscape/irrigation plan for the City's review and approval. Said landscape plan shall include hardscape for the driveway. Landscaping and irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Any future retaining walls/walls/structures shall not exceed an exposed height of 42 inches within the front yard setback. (f) If applicable, 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 perm its. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City (i) The proposed residence shall comply with the State Energy Conservation Standards. (j) Surface water shall drain away from the proposed residence at a twopercent minimum slope. (k) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. A" (2) All unenclosed 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 or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (1) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (m) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with (n) All balconies shall be designed for a 40 -pound per square foot live load. (o) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (p) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (q) The applicant 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 Recorders Office prior to the issuance of a building permit. (r) Prior to the issuance of any City permits, the applicant shall remove the existing structure that houses pigeons and all pigeons from the project site. Said removal shall be verified by a City inspector. (s) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. 1 A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (t) This grant shall not be effective for any purpose until the permittee and owner 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 of 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, school fees and fees for the review of submitted reports. (u) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Sen Xiao Li, 2240 Rusty Pump Road, Diamond Bar, CA 91765 and Mr. Ming K. Lan of Lan and Associates, 2324 N. Batavia Street, Unit #102, Orange, CA 92865. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: St ve Tye, C irman 1 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of January 2004, by the following vote: AYES: Commissioners: V/C Nolan, Wei, C/Tye NOES: None ABSENT: Commissioners: Nelson, Tanaka ABSTAIN: ATTEST: James DeSte no, ecretary