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HomeMy WebLinkAboutPC 2004-18PLANNING COMMISSION RESOLUTION NO. 2004-18 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 713 SQUARE FEET SECOND STORY ADDITION TO AN EXISTING 1,205 LIVABLE SQUARE FEET ONE STORY SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. HE PROJECT'S ADDRESS IS 20316 FLINTGATE DRIVE (LOT 69, TRACT NO. 28258), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Lily W. Zheng, and applicant, Rupert Mok, have filed an application to approve Development Review No. 2004-13 for a property located at 20316 Flintgate Drive (Lot 69, Tract No. 28258), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On April 22, 2004, 92 property owners within the project site's 500 -foot radius were mailed a public hearing notice. On April 29, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; three other locations were posted within the application's vicinity; and a public hearing notice display board was posted at the site. 3. On May 11, 2004, the Diamond Bar Planning Commission conducted and continued a duly noticed public hearing on the Application to May 25, 2004, at which time the it was concluded. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project's address is 20316 Flintgate Drive (Lot 69, Tract No. 28258), Diamond Bar, California. The project site is approximately .20 gross acres, 8,773 gross square feet. It is a rectangular shaped lot with an existing one story single family residence. (b) The General Plan Land Use designation is Low -Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single family Residence, R-1-8,500. (c) The R-1-8,500 zone surrounds the site to the south, east and west; and State Road 60 is to the north. (d) The Application is a request to remodel and construct an approximate 713 square feet second story addition to an existing 1,205 livable square feet one story single family residence with a two car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a one story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The 1995 adopted General Plan's land use designation is Low -Medium Residential (RLM) (maximum 5 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current 2 Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and it does not encroach into the setbacks. The proposed project adds a second story to the one story home on the west side and retains the one story on the east side at the garage. There is 15 feet between structures on adjoining parcels as required. The reconstructionlremodel does not affect the existing pad. The residences to the west and north are two story homes. There are variations of one and two story structures in this neighborhood with varying square footage. The two story addition's height is 24 feet including the chimney and in accordance with Municipal Code height standards, therefore, the proposed remodel is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Flintgate Drive adequately serves the project site. This and the neighboring streets, Calpet Drive and Calboume Drive, are designed to handle minimum traffic created by residential development. The project site is currently developed with a one story single family residence. The proposed reconstruction/remodeling does not change the existing use of a single family residence. Although the proposed second story addition enlarges the existing residence, it meets the 35 feet height limitation per the Municipal Code. Additionally, the Application has a style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed single family residence's contemporary architectural style is maintained. The project uses architectural styling with the use 3 of existing dual door entry; wood trim and plant shelf; window shutters; and stucco. Window shutters on the one story will be maintained and added to the second story windows for texture and contrast. The wood siding and plant shelf on the existing one story will be retained. it is not required that the wood siding and plant shelf be added to the new second story. The materials provide variety and interest and low levels of maintenance. The project's colors and materials are maintained. By maintaining the project's architectural style and palette, the application is compatible with the other homes within the tract The Application design is consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. Additionally, the properties to the east are higher than the subject property. The other neighboring parcels are basically at the same elevation. The approximate height of the two story addition is 24 feet including the chimney and in accordance with Municipal Code height standards, therefore, the proposed remodel is not considered an impact to the view corridor of surrounding properties. 4 Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt pursuant to the California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, roof plan, and elevations collectively labeled as Exhibit "A" dated May 25, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. BUILDING AND SAFETY (c) Before construction begins, the applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence -shall remain until released by the Building Official. (d) The applicant shall provide temporary sanitation facilities while under construction. (e) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (f) Architect shall show the pitch of roof to match the existing roof. (g) This single family structure shall meet the State Energy Conservation Standards. 5 PLANNING (h) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (i) Smoke detectors shall be provided in all sleeping rooms. O) Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. (k) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (1) Lateral analysis shall be performed of the existing first story. (m) Shall indicate color and type (weight) of roofing materials on the plans. (n) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches exposed height. (o) Window shutters shall be utilized at the front elevation for both stories for texture and contrast. The wood siding and plant shelf on the existing one story shall remain. (p) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance orwhich create traffic and parking problems in the neighborhood. (q) The owners shall complete and record a "Covenant and Agreement to . Maintain a Single Family Residence" on a City form. The covenant shall be completed and recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 2 (r) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (s) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (t) 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 Lily W. Zheng, 20316 Flintgate Drive, Diamond Bar, CA 91765 and Rupert Mok, 839 S. Lemon Avenue, #A 11-13, Walnut, CA 91789. APPROVED AND ADOPTED THIS 25th DAY OF MAY 2004, BY THE DIAMOND BAR PLANNING COMMISSION. By: Dan Nolan, Chairman 7 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 25th day of May 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN A17EST: Commissioner: McManus, Commissioner: None Commissioner: None Commissioner: None E? Tye, Low, V/C Tanaka, Chair Nolan PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 713 SQUARE FEET SECOND STORY ADDITION TO AN EXISTING 1,205 LIVABLE SQUARE FEET ONE STORY SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. HE PROJECT'S ADDRESS IS 20316 FLINTGATE DRIVE (LOT 69, TRACT NO. 28258), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Lily W. Zheng, and applicant, Rupert Mok, have filed an application to approve Development Review No. 2004-13 for a property located at 20316 Flintgate Drive (Lot 69, Tract No. 28258), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On April 22, 2004, 92 property owners within the project site's 500 -foot radius were mailed a public hearing notice. On April 29, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers; three other locations were posted within the application's vicinity; and a public hearing notice display board was posted at the site. 3. On May 11, 2004, the Diamond Bar Planning Commission conducted and continued a duly noticed public hearing on the Application to May 25, 2004, at which time the it was concluded. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project's address is 20316 Flintgate Drive (Lot 69, Tract No. 28258), Diamond Bar, California. The project site is approximately .20 gross acres, 8,773 gross square feet. It is a rectangular shaped lot with an existing one story single family residence. (b) The General Plan Land Use designation is Low -Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single family Residence, R-1-8,500. (c) The R-1-8,500 zone surrounds the site to the south, east and west; and State Road 60 is to the north. (d) The Application is a request to remodel and construct an approximate 713 square feet second story addition to an existing 1,205 livable square feet one story single family residence with a two car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a one story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The 1995 adopted General Plan's land use designation is Low -Medium Residential (RLM) (maximum 5 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods (f Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and it does not encroach into the The proposed project adds a second story to the one story home on the west side and retains the one story on the east side at the garage. There is 15 feet between structures on adjoining parcels as required. The reconstruction/remodel does not affect the existing pad. The residences to the west and north are two story homes. There are variations of one and two story structures in this neighborhood with varying square footage. The two story addition's height is 24 feet including the chimney and in accordance with Municipal Code height standards, therefore, the proposed remodel is not considered an impact to the view corridor of surrounding properties. 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. Flintgate Drive adequately serves the project site. This and the neighboring streets, Calpet Drive and Calboume Drive, are designed to handle minimum traffic created by residential development. The project site is currently developed with a one story single family residence. The proposed reconstruction/remodeling does not change the existing use of a single family residence. Although the proposed second story addition enlarges the existing residence, it meets the 35 feet height limitation per the Municipal Code. Additionally, the Application has a style consistent with surrounding properties. The structure is not The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed single family residence's contemporary of existing dual door entry; wood trim and plant shelf; window shutters, and stucco. Window shutters on the one story will be maintained and added to the second story windows for texture and contrast. The wood siding and plant shelf on the existing one story will be retained. It is not required that the wood siding and plant shelf be added to the new second story. The materials provide variety and interest and low levels of maintenance. The project's colors and materials are maintained. By maintaining the project's architectural style and palette, the application is compatible with the other homes within the tract. The Application design is consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. Additionally, the properties to the east are higher than the subject property. The other neighboring parcels are basically at the same elevation. The approximate height of the two story addition is 24 feet including the chimney and in accordance The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt pursuant to the Califomia Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, roof plan, and elevations collectively labeled as Exhibit "A" dated May 25, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. BUILDING AND SAFETY (c) Before constriction begins, the applicant shall install temporary constriction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (d) The applicant shall provide temporary sanitation facilities while under construction. The single family stricture shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. Architect shall show the pitch of roof to match the existing roof. This single family stricture shall meet the State Energy Conservation Standards. LANNING (h) (i) U (k) (I) (m (n) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. Smoke detectors shall be provided in all sleeping rooms. Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. Lateral analysis shall be performed of the existing first story. Shall indicate color and type (weight) of roofing materials on the plans. The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches exposed height. (o) Window shutters shall be utilized at the front elevation for both stories for texture and contrast. The wood siding and plant shelf on the existing one story shall remain. The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. The owners shall complete and record a "Covenant and Agreement to . Maintain a Single Family Residence" on a City form. The covenant shall be completed and recorded with the Los Angeles County's Recorders Office prior to building permit issuance. (r) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (s) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (t) 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 Lily W. Zheng, 20316 Flintgate Drive, Diamond Bar, CA 91765 and Rupert Mok, 839 S. Lemon Avenue, 4A 11-13, Walnut, CA 91789. APPROVED AND ADOPTED THIS 25th DAY OF MAY 2004, BY THE DIAMOND BAR PLANNING COMMISSION. B Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 25th day of May 2004, by the following vote: ABSTAIN: (Commissioner: (None ABSENT :Commissioner: None ATTEST