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HomeMy WebLinkAboutPC 2004-07fl A. 1 B. 11 PLANNING COMMISSION RESOLUTION NO. 2004-07 A RESOLUTION OF THE PLANNING COMMISSION OF TH DIAMOND BAR APPROVING DEVELOPMENT REVIEW NC MINOR CONDITIONAL USE PERMIT NO. 2003-09 AND CATI EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT STORY ADDITION OF APPROXIMATELY 2,100 SQUARE FE EXISTING 1,744 SQUARE FOOT ONE STORY SINGIL RESIDENCE WITH A TWO CAR GARAGE. THE PROJEC LOCATED AT 23831 TWIN PINES LANE (LOT 116, TRACT N DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner, Mr. Rene Sanchez, and applicant, have filed an application for Development Review Nc Conditional Use Permit No. 2003-09 and categorical property located at 23831 Twin Pines Lane, Diamond County, California. Hereinafter in this Resolution, the sut Review, Minor Conditional Use Permit and categorical e referred to as the "Application." 2. On January 14, 2004, public hearing notices were mailer 104 property owners within a 500 -foot radius of the projec 16, 2004, notification of the public hearing for this project i San Gabriel Valley Tribune and Inland Valley Daily Bul Furthermore, on January 15, 2004 the project site was po board and the public notice was posted in three public pl 3. On January 27, 2004, the Planning Commission of the C conducted a duly noticed public hearing on the Applicatio Planning Commission received staff's report, opened t discussed the project and continued the public hearing to The Commission directed staff to prepare a resolution presented at the February 10, 2004, Planning Commis public hearing was closed on February 10, 2004. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved Commission of the City of Diamond Bar as follows: CITY OF . 2003-11, ;GORIICAL 1 SECOND ET TO AN FAMILY r SITE IS ). 27530), Ramon Gallardo, 2003-11. Minor exemption for a Sar, Los Angeles jest Development Kemotion shall be to approximately site. On January as provided in the •.tin newspapers. ted with a display ty of Diamond Bar i. At that time, the to public hearing, =ebruary 10, 2004. of approval to be ion meeting. The by the Planning 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 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 23831 Twin Pines Lane (Lot 116, Tract No. 27530). The project site is somewhat rectangular shaped and approximately 13,610 gross square feet. According to the Tract Map, the project site contains a restricted use area within the rear portion of the project site which leaves the property owner a pad area of approximately 6,000 square feet. This pad area contains the residence, swimming pool, freestanding patio and covered barbeque. (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, south, east and west is the R-1-8,000 zone. (e) The application request is to obtain approval to remodel and construct a second story addition of approximately 2,100 to an existing one-story single family residence with a two car garage totaling to approximately 1,774 square feet built in mid 1960's. 2 Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Ian, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria forspecial areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site, an existing lot developed with one story single family residence with a two car garage totaling to 1, 774 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 i mid 1960's. The present use of the project site is single-family residential and with the approval and construction of the proposed addition/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 addition/remodel complies with the General PI n objectives and strategies and the City's Design Guidelines relate to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed addition and remodel is compatibl with the existing architectural styles in the neighborhood which vry from the typical mid 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 -fa ily 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 p ojectsite is 13,619 square feet and is large enough to accommodate the proposed addition/remodel. The proposed second story addition will maintain the existing legal nonconforming setbacks of the residence's first floor through the Minor Conditional Use Pennit pro c ss and meets the required separation between structures on adjacent properties and will maintain a lot coverage of 29 percent which is less then the maximum allowed 40 percent. The propose residence is not expected to create traffic or pedestrian hazards due to that fact that 3 the existing use of the project site is single-family residence and will continue to be single-family residential. Additionally, Twin Pines Lane adequately serves the project site and was 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 pian. The proposed project's architectural style (as referred to in the application) is Contemporary Mediterranean. Prominent architectural features include the front entry flanked with columns, window fenestration, balcony and the roof required below the balcony as a condition of approval to minimize the bulk of the front facade. 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 rd Department requirements. The referenced agencies through the permit and inspection process will ensure that theproposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the �icinity. (k) The proposed project has been reviewed in co pliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the Califomia Environmental QualityAct (CEQA), Section 15301(e) (1), the City has determined that the project identified above in this Resoluiion is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Minor Conditional Use Permit (i) 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 setbacks of five and ten feet with 15 feet betw adjacent properties be maintained within the R-1 subject residence currently maintains six foot sid( also maintains 15 and 11 feet between structures'a As a result, the side yard setbacks and distance l are legal nonconforming with regards to the existir project site. The proposed second story addition will maintair nonconforming side yard setbacks and separatior residences. A large portion of the project site restricted use. The existing pad is utilized � swimming pool, freestanding patio cover and barl second story addition is a reasonable request restricted use area in the rear portion of the pro, approval of a Minor Conditional Use Perrr addition/remodel is allowed within the subject zon approval of a Minor Conditional Use Permit anc other applicable provisions of the Developme Municipal Code. that the side yard ;en structures on •8,000 zone. The yard setbacks. It Ijacent properties. etween structures i residence on the the existing legal between adjacent is designated as )r the residence, eque; therefore, a due to the large 9ct site. With the I, the proposed ng district with the complies with all it Code and the (m) The proposed use is consistent with the Gen ral Plan and any applicable specific plan; 0 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 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 densitylintensity of the proposed additionlremodel 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 (GEQA). 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: C. 1 F", (r) Incompatible with other structures in the neighborl The existing setbacks of the subject residence and structures on adjacent lot are legal nonconforming with the proposed addition/remodel. The propo addition will maintain the existing legal noncon; setbacks and separation between adjacent re: portion of the project site is designated as restricte( pad is utilized for the residence, swimming pool, cover and barbeque; therefore, a second stc reasonable request due to the large restricted us portion of the project site. The legal nonconforn compatible and a common occurrence with other neighborhood. As a result, the proposed addition/, incompatible with other existing residential strc neighborhood. O F fistance between 7d will not change ed second story )rming side yard dences. A large use. The existing -eestanding patio y addition is a s area in the rear fng setbacks are esidences in this ,model will not be ;tures within the (s) Inconsistent with the general plan or any applicable specific plan; (t) (u) (v) The proposed addition/remodel complies with the eneral 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. A restriction to the eventual/future compliance regulations of this development code; The proposed addition/remodel maintains t nonconforming setbacks and separation betwee, are consistent within the neighborhood. As a rc addition/ remodel complies with the required dew of a Minor Conditional Use Permit approval for k setbacks will not restrict the eventual/future cc applicable regulations of the City's Development Detrimental to the health, safety and general residing in the neighborhood; and the applicable existing legal residences which ult, the proposed )pment standards al nonconforming rViance with the of persons The proposed addition/remodel will not be detrim ntal 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 propose d remodel/addition is consistent with the existing residential str ctures within the neighborhood. Detrimental and/or injurious to property and neighborhood. 7 rovements in the The proposed addition/remodel will not be detrimental and/or injurious to property and improvements in the neighborhood because prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based 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 27, 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) Prior to the issuance of any City permits the applicant shall submit a revised elevation for the front facade of the proposed addition/remodel for Planning Division review and approval. Said elevation shall reduce the depth of the balcony by approximately 2.5 feet and below the balcony add a roof over hang that is consistent with similar roof over hangs on other homes within the neighborhood. (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) standard and incorporate the appropriate Best Management Practices (BM 's). Additionally, the applicant shall obtain the necessary NPDES permits. mesh not less (h) If applicable, the applicant shall comply with Stan and Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. maximum 1/2 inch (i) The proposed residence shall comply with the State Energy Conservation Standards. Code (i.e., 2001 (j) 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 tie 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 Buildin 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 mee wind loads of 80 M.P.H. with a "Cu exposure. (n) All balconies shall be designed for a 40 -pounder 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. M (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 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 50 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 10 1 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. Rene Sanchez, 23831 Twine Pines Lane, Diamond Bar, CA 91765 and Mr. Ramon Gallardo, 3317 Beverly Blvd., #108, Montebello, CA 90640. APPROVED AND ADOPTED THIS 10TH OF FEBRUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, BY: Steve TW, Chairman 1, James DeSte€ano, 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 10th day of February 2004, by the following vote: AYES: Commissioners: Nelson, Wei, Tanaka, V/GNoian, C/Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: A Tl-�p Jep�es DeSte pno, Secretary 11 to PLANNING COMMISSION RESOLUTION NO. 2004 - A RESOLUTION OF THE PLANNING COMMISSION OF Th DIAMOND BAR APPROVING DEVELOPMENT REVIEW NI MINOR CONDITIONAL USE PERMIT NO. 2003-09 AND CAT EXEMPTION, A REQUESTTO REMODEL AND CONSTRUCT STORY ADDITION OF APPROXIMATELY 2,100 SQUARE FI EXISTING 1,744 SQUARE FOOT ONE STORY SINGL RESIDENCE WITH A TWO CAR GARAGE. THE PROJE( LOCATED AT 23831 TWIN PINES LANE (LOT 116, TRACT N DIAMOND BAR, CALIFORNIA. RECITALS. CITY OF 2003-11, SECOND :T TO AN FAMILY SITE IS . The property owner, Mr. Rene Sanchez, and applicant, I Ramon Gallardo, have filed an application for Development Review NO. 2003-11. Minor Conditional Use Permit No. 2003-09 and categorical) exemption for a property located at 23831 Twin Pines Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the su ject Development Review, Minor Conditional Use Permit and categorical xemption shall be referred to as the "Application." 2. On January 14, 2004, public hearing notices were maile 104 property owners within a 500 -foot radius of the proje 16, 2004, notification of the public hearing for this project San Gabriel Valley Tribune and Inland Valley Daily BL Furthermore, on January 15, 2004 the project site was p- board and the public notice was posted in 3. On January 27, 2004, the Planning Commission of the C conducted a duly noticed public hearing on the Applicatio Planning Commission received staff's report, opened t discussed the project and continued the public hearing to The Commission directed staff to prepare a resolution presented at the February 10, 2004, Planning Commis: public hearing was closed on February 10, RESOLUTION, to approximately site. On January as provided in the atin newspapers. ted of Diamond Bar At that time, the public hearing, bruary 10, 2004. approval to be NOW, THEREFORE, it is found, determined and resolvedby 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) (1) 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 23831 Twin Pines Lane (Lot 116, Tract No. 27530). The project site is somewhat rectangular shaped and approximately 13,610 gross square feet. According to the Tract Map, the project site contains a restricted use area within the rear portion of the project site which leaves the property owner a pad area of approximately 6,000 square feet. This pad area contains the residence, swimming pool, free standing patio and covered (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, south, east and west is the R-1-8,000 zone. (e) The application request is to obtain approval to remodel and construct a second story addition of approximately 2,100 to an existing one- story single family residence with a two car garage totaling to approximately 1,774 square feet built in mid 1960's. K development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Ian, 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 wi one story sin( family residence with a two car garage totaling to 1, 774 square fE built in 1968. The project site is located within an existi subdivision developed with one and two &ory single fare residences subdivided and constructed pr or to the Cit incorporation i mid 1960's. The present use o the project site single-family residential and with the approval ind construction the proposed additi n/remodefing, the project site will continue to On July 25, 1995, the City adopted its Gene r l Ian. Although th Tract was established prior to the General Ian's adoption, complies with the General Plan land use design tion of Low Densis Residential (RL) Maximum 3 DU/AC. Additio ally, the propose addition/remodel complies with the General an objectives an strategies and the City's Design Guidelines relate to maintaining th integrity of residential neighborhoods and open pace. Furthermon the proposed addition and remodel is compatitle with the existin architectural styles in the neighborhood whichry from the typic< mid 1960's early 1970's styles to Contemporary. nt will not int with the use and enjoyment of nei hborin existing or future development and will not create traffic or pedestri an hazards. The project site is currently utilized for a single -fa mily residence an will continue as such with the construction of the proposec addition/remodel. The proposed project is consiste t with other single- in lefamil family residences within the neighborhood. As s uch, the proposec project is not expected to interfere with the use and enjoyment o neighboring existing or future development. The F ojectsite is 13,61 square feet and is large enough to accommoc ate the propose addition/remodel. The proposed second story ac dition will maintai the existing legal nonconforming setbacks of the rE sidence's firs floor through the Minor Conditional Use Permit pr ss and meets the required separation between structures on adjac ent properties an will maintain a lot coverage of 29 percent whic h is less then the maximum allowed 40 percent The propose residence is no expected to create traffic or pedestrian hazards G lue to that fact that the existing use of the project site is single-family residence and will continue to be single-family residential. Additionally, Twin Pines Lane adequately serves the project site and was established to handle the residential traffic generated by the existing developed (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 Mediterranean. Prominent architectural features include the front entry flanked with columns, window fenestration, balcony and the roof required below the balcony as a condition of approval to minimize the bulk of the front fagade. 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. (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 colorslmaterials 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 E 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 icinity. (k) The proposed project has been reviewed in co PI iance with the provisions of the California Environmental Quality ct (CEQA); Pursuant to the provisions of the California Environ ental OualityAct (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 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 betty en structures on adjacent properties be maintained within the R-1 8,000 zone. The subject residence currently maintains six foot side yard setbacks. It also maintains 15 and 11 feet between structures djacent properties. As a result, the side yard setbacks and distance etween structures are legal nonconforming with regards to the existing residence on the project site. The proposed second story addition will maintai the existing legal nonconforming side yard setbacks and separation between adjacent residences. A large portion of the project site is designated as restricted use. The existing pad is utilized r the residence, swimming pool, freestanding patio cover and bar eque, therefore, a second story addition is a reasonable request due to the large restricted use area in the rear portion of the project site. With the approval of a Minor Conditional Use Permit, the proposed addition/remodel is allowed within the subject zonhg district with the approval of a Minor Conditional Use Permit an complies with all other applicable provisions of the Developme t Code and the Municipal Code. m) The proposed use is consistent with the Gen ral Plan and any applicable specific plan; 61 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 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 dens ityrntensity 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 densitylintensity of the proposed additionlremodel 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 (GEQA). 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: 9 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 nd will not change with the proposed addition/remodel. The propo ed second story addition will maintain the existing legal noncon rming side yard setbacks and separation between adjacent re idences. A large portion of the project site is designated as restricte use. The existing pad is utilized for the residence, swimming pool, reestanding patio cover and barbeque, therefore, a second story addition is a reasonable request due to the large restricted us area in the rear portion of the project site. The legal nonconfor ing setbacks are compatible and a common occurrence with other residences in this neighborhood. As a result, the proposed addition/ emodel will not be incompatible with other existing residential structures within the neighborhood. (s) Inconsistent with the general plan or any applicable specific plan; The proposed additioNremodel 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. striction to the eventual/future compliance ith the applicable regulations of this development code; The proposed addition/remodel maintains t e existing legal nonconforming setbacks and separation between residences which are consistent within the neighborhood. As a re ult, the proposed addition/ remodel complies with the required deve pment standards of a Minor Conditional Use Permit approval for lei al nonconforming setbacks will not restrict the eventuallfuture co pliance with the applicable regulations of the City's Development ode. (u) Detrimental to the health, safety and general v-elfare of persons residing in the neighborhood; and The proposed addition/remodel will not be detrim ntal 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 propose remodel/addition is consistent with the existing residential structures within the neighborhood. (v) Detrimental and/or injurious to property and im rovements in the neighborhood. 7 The proposed additionlremodel will not be detrimental andlorinjunous 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, grading plan, floor plan, elevations, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated January 27, 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) Prior to the issuance of any City permits the applicant shall submit a revised elevation for the front fagade of the proposed addition/remodel for Planning Division review and approval. Said elevation shall reduce the depth of the balcony by approximately 2.5 feet and below the balcony add a roof over hang that is consistent with similar roof over hangs on other homes within the 9 (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) standard and incorporate the appropriate Best Management Practices (BM '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 engineer. )roposed residence shall comply with t e State Energy Conservation Standards. (j) Surface water shall drain away from the proposed esidence at a twopercent minimum slope. (k) The proposed single-family residence is located wi hin "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. unenclosed under -floor areas shall a constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant ire mesh not less than 1/4 inch or more than 1/2 inch in dime sion except where such openings are equipped with sash or oor. mneys shall have spark arrests of maximum 1/2 inch screen. (1) Plans shall conform Uniform Building Mechanical Code requirements. to State and Local Building Code, Uniform Plumbing and the 2001 National Code (i.e., 2001 Code, Uniform Electrical Code) (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 p'er square foot live load. (o) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles Cou ty Fire Department for review and approval. 9 (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/fight, 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. (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 1 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. Rene Sanchez, 23831 Twine Pines Lane, Diamond Bar, CA 91765 and Mr. Ramon Gallardo, 3317 Beverly Blvd., #108, Montebello, CA 90640. APPROVED AND ADOPTED THIS 10TH OF FEBRUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve T ,Chairman 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 10th day of February 2004, by the following vote: AYES: Commissioners: Nelson, Wei, Tanaka, V/CNolan, C/Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: 1