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HomeMy WebLinkAboutPC 2004-05PLANNING COMMISSION RESOLUTION NO. 2004-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-28, MINOR CONDITIONAL USE PERMIT NO. 2003-18 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,200 SQUARE FEET TO AN EXISTING 1,720 SQUARE FOOT ONE STORY SINGLE FAMILY RESIDENCE WITH ATWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23511 DECORAH ROAD (LOT 55, TRACT NO. 27530), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Mr. and Mrs. Mohamad Fakih have filed an application for Development Review No. 2003-28. Minor Conditional Use Permit No. 2003-18 and categorical exemption for a property located at 23511 Decorah Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On December 18, 2003, public hearing notices were mailed to approximately 93 property owners within a 500 -foot radius of the project site. On December 30, 2003, notification of the public hearing for this project was provided in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on December 29, 2003, the project site was posted with a display board and the public notice was posted in three public places. 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: 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) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 23511 Decorah Road (Lot 55, Tract No. 27530). The project site is somewhat rectangular shaped but narrowing at the rear property line and is approximately 8,580 gross square feet According to the Tract Map, the project site does not contain any easements or a restricted use area. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000). (d) Generally, the following zones and uses surround the project site: to the north and east is the R-1-8,000 zone; to the south R-1- 8,000 zone and Pomona (SR 60) Freeway; and to the west in the Community Commercial (C-2) zone. (e) The application request is to remodel and construct a first and second story addition of approximately 2,200 to an existing one-story single family residence with a two car garage totaling to approximately 1,720 square feet built in 1568. 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., 2 1 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 two car garage totaling to 1, 720 square feet built in 1968. The project site is located within an existing subdivision 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 and remodeling, 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 Low Density Residential (RL) Maximum 3 DU/AC. Additionally, the proposed additionlremodel 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 which' vary from the typical late 1960's early 1970's styles to Contemporary. (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 8,580 square feet and is large enough to accommodate the proposed addition/remodel. The proposed addition meets the required setbacks, separation between structures on additions properties and will maintain a lot coverage of 29 percent which is less then the maximum allowed 40 percent. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the existing use of the project site is single-family residence and will continue to be single-family residential. Additionally, Decorah Road adequately serves the project site and was established to handle the residential traffic generated by the existing developed subdivision. 3 (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 Contemporary. Prominent architectural features include the front entry flanked with columns, window fenestration and balcony The proposed colors and materials are earth tones and compatible with residences surrounding the project site and offer variety in colors and textures. 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. 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 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. 4 (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 Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Mirror 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 side yard setbacks of five and ten feet with 15 feet between structures on adjacent properties be maintained within the R-1-8,000 zone. The subject residence currently maintains a five and 6.8 foot side yard setback. It also maintains 11.8 feet between structures on the west side of the project site and 10 feet between structures on the east side of the project site. As a result, the side yard setbacks and distance between structures are legal nonconforming with regards to the existing residence on the project site. The proposed addition does not affect the side yard setbacks or the distance between structures on the east side of the project site. The proposed addition is within the front and west side of the subject property. At this location, the side yard setback is a minimum 12 feet and the distance between structures is a minimum 17 feet. As a result, the proposed addition meets the required standards for side yard setback and separation between structures. With the approval of a Minor Conditional Use Permit, the proposed addition/remodel 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. (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. 5 (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 of the proposed single-family residence 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 densiVintensity 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. (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), 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; . The existing setbacks of the subject residence and distance between structures on adjacent lot are legal nonconforming and will not change with the proposed addition/remodel. The proposed addition will maintain the required setbacks and separation distance. As a result, the proposed addition remodel with not be incompatible with other existing residential structures within the neighborhood. (s) Inconsistent with the general plan or any applicable specific plan; The propose 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; The proposed addition/remodel maintains the required setbacks, distance between structures on adjacent properties and lot coverage. As a result, 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/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. M 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, grading plan, floor plan, elevations, final 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 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) Landscape/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. X Q) Surface water shall drain away from the proposed residence at a 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. (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 112 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 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) Prior to the issuance of any City permits, the property owner shall submit revised plans indicating the deletion of the front porch and the recessing of the front entry for the Planning staff's review and approval (q) 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 E regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (r) 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. (s) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the 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. and Mrs. Mohamad Fakih, 23511 Decorah Road, Diamond Bar, CA 91765. 10 1 fl APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: St e Tye, Ch . firman 1, 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: ATTEST: AYES: Commissioners: NOES: None ABSENT: Tanaka, Nelson ABSTAIN: Wei, VIC Nolan, C/Tye 'LANNING COMMISSION RESOLUTION NO. 2004-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-28, MINOR CONDITIONAL USE PERMIT NO. 2003-18 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,200 SQUARE FEET TO AN EXISTING 1,720 SQUARE FOOT ONE STORY SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23511 DECORAH ROAD (LOT 55, TRACT NO. 27530), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Mr. and Mrs. Mohamad Fakih have filed an application for Development Review No. 2003-28. Minor Conditional Use Permit No. 2003-18 and categorical exemption for a property located at 23511 Decorah Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On December 18, 2003, public hearing notices were mailed to approximately 93 property owners within a 500 -foot radius of the project site. 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. Furthermore, on December 29, 2003, the project site was posted with a display board and the public notice was posted in three 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: 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) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 23511 Decorah Road (Lot 55, Tract No. 27530). The project site is somewhat rectangular shaped but narrowing at the rear property line and is approximately 8,580 gross square feet According to the Tract Map, the project site does not contain any easements or a restricted use area. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000). (d) Generally, the following zones and uses surround the project site: to the north and east is the R-1-8,000 zone; to the south R-1-8,000 zone and Pomona (SR 60) Freeway; and to the west in the Community Commercial (C-2) zone. (e) The application request is to remodel and construct a first and second story addition of approximately 2,200 to an existing one-story single family residence with a two car garage totaling to approximately 1,720 square feet built in 1968. 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., 2 ieme 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 two car garage totaling to 1, 720 square feet built in 1968. The project site is located within an existing subdivision 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 and remodeling, the project site will continue to be utilized 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 Low Density Residential (RL) Maximum 3 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 which vary from the typical late 1960's early 1970's styles to Contemporary. (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 additionlremodel. 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 8,580 square feet and is large enough to accommodate the proposed additioNremodel. The proposed addition meets the required setbacks, separation between structures on additions properties and will maintain a lot coverage of 29 percent which is less then the maximum allowed 40 percent. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the existing use of the project site is single-family residence and will continue to be single-family residential. Additionally, Decorah Road adequately serves the project site and was established to handle the residential traffic generated by the existing developed subdivision. K3 (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 Contemporary. Prominent architectural features include the front entry flanked with columns, window fenestration and balcony The proposed colors and materials are earth tones and compatible with residences surrounding the project site and offer variety in colors and textures. 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. 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 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. Q) 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. E (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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 side yard setbacks of five and ten feet with 15 feet between structures on adjacent properties be maintained within the R-1-8,000 zone. The subject residence currently maintains a five and 6.8 foot side yard setback. It also maintains 11.8 feet between structures on the west side of the project site and 10 feet between structures on the east side of the project site. As a result, the side yard setbacks and distance between structures are legal nonconforming with regards to the existing residence on the project site. The proposed addition does not affect the side yard setbacks or the distance between structures on the east side of the project site. The proposed addition is within the front and west side of the subject property. At this location, the side yard setback is a minimum 12 feet and the distance between structures is a minimum 17 feet. As a result, the proposed addition meets the required standards for side yard setback and separation between structures. With the approval of a Minor Conditional Use Permit, the proposed addition/remodel 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. (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 proosed 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 of the proposed single-family residence 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 densityrntensity 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. (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), 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; 9 The existing setbacks of the subject residence and distance between structures on adjacent lot are legal nonconforming and will not change with the proposed addition/remodel. The proposed addition will maintain the required setbacks and separation distance. As a result, the proposed addition remodel with not be incompatible with other existing residential structures within the (s) Inconsistent with the general plan or any applicable specific plan; The propose 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; The proposed addition/remodel maintains the required setbacks, distance between structures on adjacent properties and lot coverage. As a result, the proposed addition remodel 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 remodelladdition is consistent with the existing residential structures within the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. The proposed additionlremodel 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 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. 7 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, grading plan, floor plan, elevations, final 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 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) Landscape/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 (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. IQ ) Surface water shall drain away from the proposed residence at a twopercent minimum slope. <) The proposed single-family residence is located within "high fire zone" and shall meet all �quirements 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. (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. >nstruction 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) Prior to the issuance of any City permits, the' property owner shall submit revised plans indicating the deletion of the front porch and the recessing of the front entry for the Planning staff's review and approval. (q) 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 singlefamily 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 A" regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (r) 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. (s) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the 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 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. and Mrs. Mohamad Fakih, 23511 Decorah Road, Diamond Bar, CA 91765. 1 APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. i.. BY: St We Tye, Ch " irman 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 Wei, V/C Nolan, C/Tye NOES: None ABSENT: Tanaka, Nelson ABSTAIN: ATTEST: 1