HomeMy WebLinkAboutPC 2004-34A.
B.
PLANNING COMMISSION
RESOLUTION NO. 2004-34
A RESOLUTION OF THE DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2004-26/MINOR CONDITIONAL USE PERMIT NO. 2004-07
AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO
REMODEL AND CONSTRUCT AN APPROXIMATE 942 SQUARE
FEET SECOND STORY ADDITION TO AN EXISTING 2,280 GROSS
SQUARE FEET ONE STORY SINGLE-FAMILY RESIDENCE WITH
A TWO CAR GARAGE AND COVERED PATIO. THE PROJECT
SITE IS LOCATED AT 624 HOSS STREET (LOT 63, TRACT
NO. 31139), DIAMOND BAR, CALIFORNIA.
RECITALS
1. The property owners, Stephen and Christina Goode, and applicant/agent
ProBuilder - Kenn Coble, filed Development Review No. 2004-26/Minor
Conditional Use Permit No. 2004-07 applications for a property located at
624 Hoss Street (Lot 63, Tract No. 31139), Diamond Bar, Los Angeles
County, California, as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Development Review/Minor Conditional Use
Permit, and Categorical Exemption shall be referred to as the "Application."
2. On August 4, 2004, 110 property owners within the project's 500 -foot radius
were mailed a public hearing notice and on August 6, 2004, three other
locations within the application's vicinity were posted. On August 10, 2004,
the project's public hearing notification was published in the San Gabriel
Valley Tribune and inland Valley Daily Bulletin newspapers and a public
hearing notice display board was posted at the site.
3. On August 24, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
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 per the 1970 California
Environmental Quality Act (CEQA), Section 15301(a).
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 parcel is Lot 63, Tract 31139, APN 8717-019-022, and
addressed 624 Hoss Street, Diamond Bar, California. The project site
is approximately .17 gross acres, 7,260 gross square feet and 5,445
usable square feet. It is a near rectangular shaped lot with an existing
one story single-family residence.
(b) The General Plan Land Use designation is Low Density Residential
(RL), maximum 3 dwelling units per acre. The site is zoned Single -
Family Residence, R-1-8,000. -�
(c) The R-1-8,000 zone surrounds the site.
(d) The Application is a request to remodel and construct an approximate
942 square feet second story addition to an existing 2,280 gross
square feet one story single-family residence with a two car garage
and covered patio.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development are consistent
with the General Pian, 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 legal nonconforming side
setback one story, single-family residence, was established before the
adoption of the City's General Plan and current Municipal Code. The
adopted July 25, 1995, General Plan land use designation is Low
Density Residential (RL) (maximum 3 dwelling units/per acre). The
Application complies with the City's General Plan objectives and
strategies related to maintaining the integrity of residential
2
neighborhoods and open space, the current Diamond Bar Municipal
Code, and with the City's Design Guidelines. There is no specific plan.
The proposed project conforms to 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 further
than the existing structure.
The proposed project is a one and two story home. 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 25 feet and in accordance with Municipal
Code height standards, therefore, the proposed remodel is not
considered an impact to the surrounding properties' view corridor.
(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.
Hoss Street and Great Bend Drive adequately serve the project site.
These and the neighboring streets are designed to handle minimum
traffic created by residential development.
The project site is currently developed with a legal nonconforming one
story single-family residence. The proposed reconstruction/
remodeling does not change the existing single-family use. 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's architectural styling retains the dual
front door alcove entry, and duplicates the window style, wood trim
fascia; siding and stucco.
9
Although Exhibit "A" indicates removing the existing rock at the
garage and replacing it with plain stucco, a condition requires the
streetscape garage elevation be layered with materials and finishes to
blend with the new addition and to revamp the streetscape garage
elevation and submit it to the Planning Division for review and
approval prior to Permit Issuance. A staff suggestion is to add brick,
siding, or a similar material half way up from the ground. This revision
and the multi-levels of roof lines, the other wood siding, and stucco,
create the texture and contrast consistent with the existing
neighborhood, while providing variety and low levels of maintenance.
The project's colors and materials are maintained with the existing
architectural style and palette which makes the application 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 maintenance levels.
(i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes will ensure that the finished project will not be detrimental
to the public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinity. Additionally, a Recorded
Covenant and Agreement is required and runs with the land to
maintain a single-family residence.
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is categorically
exempt per the California Environmental Quality Act of 1970 (CEQA),
Section 15301(e).
4
NONCONFROMING STRUCTURES
(k) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming incompatible with other structures in the
neighborhood.
As stated in Item (g), the proposed project is compatible with other
structures in the vicinity. Many one and two-story structures in the
vicinity have remodeled and added the increased square footage.
(1) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming inconsistent with the General Plan or any
applicable specific plan.
As stated in Items (e) and (g), the proposed project is consistent with
the City's General Plan objectives and strategies, Chapter 22.48 of
the Municipal Code, and City Design Guidelines.
(m) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming a restriction to the eventualIfuture compliance
with the applicable regulations of the Municipal Code.
The existing parcel was approved by Tract Map No. 31139, Lot 63, as
.17 acres. The existing structure was completed under the Los
Angeles County Code in 1973 and met the required setbacks of that
Code prior to the City's incorporation. The distance between
structures on adjoining parcels and the setback on the sides have
changed from the Los Angeles County Code of 10 feet to 15 and 5
feet to 5 feet and 10 feet respectively. The application with an existing
approximately 10 and 13 feet distance between structures at the
northerly and southerly property line as well as the side setback on
the southerly side are considered legal nonconforming. These are
defined as any parcel or structure that was legally created or
constructed prior to the adoption of the current Diamond Bar
Municipal Code adopted November 3, 1998, and which does not
conform to current Code provisions/standards prescribed for the
zoning district in which the use is located.
The proposed project conforms to the other applicable provisions of
the Municipal Code and the exterior limits of the new construction do
not exceed the applicable height limit or encroach further into the
setbacks than the comparable portions of the existing structure where
the nonconformity exists. No further nonconforming status of this
parcel is anticipated.
L�
(n) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming detrimental to the health, safety, and general
welfare of persons residing in the neighborhood.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes will ensure that the finished project will not be detrimental
to the public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinity. Additionally, a Recorded
Covenant and Agreement is required and runs with the land to
maintain a single-family residence.
(o) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming detrimental and/or injurious to property and
improvements in the neighborhood.
As stated in Items (e -h), the architectural design of the proposed
development is compatible with the surrounding neighborhood's
characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
Chapter 22.48, the General Plan, City Design Guidelines, or any
applicable specific plan.
Also, as stated in item (i),structural plan check, City permits, and
inspections; soils report and Fire Department approvals, are required
for construction. These processes will ensure that the finished project
will not be detrimental to the public health, safety, or welfare, or
materially injurious to the properties or improvements in the vicinity.
MINOR CONDITIONAL USE PERMIT
(p) 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 Municipal Code.
As state in Items (e -o), the proposed use is allowed within the zoning
district and complies with all other applicable provisions of the
Municipal Code.
(q) The proposed use is consistent with the General Plan and any
applicable specific plan. -
As state in Item (e), the proposed use is consistent with the General
Plan and any there is not applicable specific plan.
2
(r) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
As stated in Items (e -o), the design, location, size, etc. is compatible
with the existing and future land uses in the vicinity.
(s) The subject site is physically suitable forthe type and density/intensity
of use being proposed including access, provisions of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
As stated in Items (e -q), the subject site is physically suitable for the
type and density/intensity of use being proposed including access,
provisions of utilities, compatibility with adjoining land uses, and the
absence of physical constraints.
(t) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to person, property or improvements in the vicinity
and zoning districts in which the property is located.
Structural plan check, City permits, and inspections, soils report and
Fire Department approvals, are required for construction. These
processes will ensure that the finished project will not be detrimental
to the public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinity. Additionally, a Recorded
Covenant and Agreement is required and runs with the land to
maintain a single-family residence.
The second story addition follows the line of the existing one story
structure and maintains a 35 feet height, therefore, the proposed
application has no negative effect or impact to the surrounding
properties' view corridor.
Additionally, the colors and materials utilized are compatible with the
homes within the surrounding area.
(u) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is categorically
exempt perthe California Environmental Quality Act of 1970 (CEQA),
Section 15301(e).
7
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
August 24, 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.
PUBLIC WORKS
(c) The drainage pattern shall be reviewed and approved by the Public
Works Division; surface water shall drain away from the building at a
2% minimum slope. Flow shall not run onto the sidewalk, and an
Encroachment Permit may be required for a subdrain system to direct
the runoff into the gutter via a curb drain.
(d) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
(e) Owners shall obtain an encroachment permit for the existing wall in
the public right-of-way from the Public Works Division prior to the
issuance of any permits.
BUILDING AND SAFETY
(f) The applicant shall provide temporary sanitation facilities while under
construction.
(g) The single-family structure shall meet the 2001 California Building
Code, California Plumbing Code, Califomia Mechanical Code, and the -
2001 National Electrical Code requirements.
N.
PLANNING
(h) This single-family structure shall meet the State Energy Conservation
Standards.
(i) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
{j) Smoke detectors shall be provided in all sleeping rooms.
(k) Prior to plan check submittal, the applicant shall submit a soils report
as required by the City for the proposed improvements to be reviewed
and approved.
(1) The applicant shall comply with the requirements of City Planning,
Building and Safety, Public Works Divisions, and the Fire Department.
(m) Footing shall be designed for expansive soil.
(n) Lateral analysis shall be performed of the existing first story.
(o) Prior to plan check submittal, the applicant shall indicate color and
type (weight) of roofing materials on the plans.
(p) The second story addition stairway shall meet maximum raise and
minimum run.
(q) The single-family structure requires Fire Department approval and is
located in "High Fire Zone" and shall meet the following requirements
of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire;
(2) All enclosed under -floor areas shall be constructed as exterior
walls;
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/4 inch nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum 1/2 inch
screen.
(r) Applicants shall revise Exhibit "A" which indicates removing the stone
and replacing it with plain stucco at the streetscape garage elevation
with a layered material and finish to blend with the new addition. Staff
suggests adding brick, siding, or a similar material half way up from
9
the ground. This plan shall be submitted to the Planning Division for ... ..... __
review and approval prior to final plan check and permit issuance.
(s) A landscape/irrigation plan for the front yard shall be submitted to the
Planning Division for review and approval prior to building permit
issuance. The plan shall delineate the type of planting materials,
color, size, quantity and location. The landscaping/ irrigation shall be
installed or replaced in the front yard prior to the Planning Division's
final inspection. Any walls, gates, fountains, dense plant material, etc.
that may be proposed within the front setback shall not exceed a
maximum height of 42 inches.
(t) The Owner shall obtain a Zoning Clearance for any Home Based
Business use per Municipal Code Section 22.42.070 in the proposed
office.
(u) 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
commerciaVinstitutlonal 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.
(v) The owners 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's Recorder's Office prior to the issuance of a building
permit.
(w) 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.
(x) 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
10
conditions of this grant. Further, this grant shall not be effective until
the permittee pays remaining City processing fees.
(y) 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 Stephen and Christina Goode, 624 Hoss Street, Diamond Bar, CA
91765 and Pro Builder, Kenn Coble, 449 W. Allen Avenue, #109, San
Dimas, CA 81773.
APPROVED AND ADOPTED THIS 24th DAY OF
COMMISSION OF THE CITY OF DIAMOND BAR.
i
By:
Jack Tanaka, Vice Chairman
AUGUST 2004, BY THE PLANNING
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 24th day of August 2004, by the following vote:
AYES:
Commissioners
NOES:
Commissioner:
ABSENT:
Commissioner:
ABSTAIN:
Conipissioner4
ATTEST:
Tye, Low, McManus, V/C Tanaka
C/Nolan
Secretary
11
PLANNING COMMISSION
RESOLUTION NO. 2004-
A RESOLUTION OF THE DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-
26/MINOR CONDITIONAL USE PERMIT NO. 2004-07 AND
CATEGORICAL EXEMPTION 15301(e), A REQUEST TO
REMODEL AND CONSTRUCT AN APPROXIMATE 942 SQUARE
FEET SECOND STORY ADDITION TO AN EXISTING 2,280
GROSS SQUARE FEET ONE STORY SINGLE-FAMILY
RESIDENCE WITH A TWO CAR GARAGE AND COVERED
PATIO. THE PROJECT SITE IS LOCATED AT 624 ROSS
STREET (LOT 63, TRACT NO. 31139), DIAMOND BAR,
A. RECITALS
1. The property owners, Stephen and Christina Goode, and applicant/agent ProBuilder -
Kenn Coble, filed Development Review No. 2004-26/Minor Conditional Use
Permit No. 2004-07 applications for a property located at 624 Hoss Street (Lot 63,
Tract No. 31139), Diamond Bar, Los Angeles County, California, as described in
the title of this Resolution. Hereinafter in this Resolution, the subject
Development Review/Minor Conditional Use Permit, and Categorical Exemption
shall be referred to as the "Application."
2. On August 4, 2004, 110 property owners within the project's 500 -foot radius were
mailed a public hearing notice and on August 6, 2004, three other locations within
the application's vicinity were posted. On August 10, 2004, the project's public
hearing notification was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers and a public hearing notice display board was
posted at the site.
3. On August 24, 2004, the Planning Commission of the City of Diamond Bar conducted
and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. 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 per the 1970 California
Environmental Quality Act (CEQA), Section 15301(e).
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 parcel is Lot 63, Tract 31139, APN 8717-019-022, and addressed
624 Hoss Street, Diamond Bar, California. The project site is
approximately .17 gross acres, 7,260 gross square feet and 5,445
usable square feet. It is a near rectangular shaped lot with an existing
one story single-family residence.
(b) The General Plan Land Use designation is Low Density Residential (RL),
maximum 3 dwelling units per acre. The site is zoned SingleFamily
Residence, R-1-8,000.
(c) The R-1-8,000 zone surrounds the site.
(d) The Application is a request to remodel and construct an approximate 942
square feet second story addition to an existing 2,280 gross square feet
one story single-family residence with a two car garage and covered
patio.
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 legal nonconforming
side setback one story, single-family residence, was
established before the adoption of the City's General Plan and
current Municipal Code. The adopted July 25, 1995, General Plan
land use designation is Low Density Residential (RL)
(maximum 3 dwelling units/per acre). The Application complies
neighborhoods and open space, the current Diamond Bar Municipal
Code, and with the City's Design Guidelines. There is no specific
plan. The proposed project conforms to 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 further than the existing structure.
The proposed project is a one and two story home. 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 25 feet and in
accordance with Municipal Code height standards; therefore,
the proposed remodel is not considered an impact to the
surrounding properties' view corridor. The design and layout of the
(f proposed development will not interfere with the use and
enjoyment of neighboring existing or future development, and
will not create traffic or pedestrian hazards.
Hoss Street and Great Bend Drive adequately serve the project
site. These and the neighboring streets are designed to handle
minimum traffic created by residential development
The project site is currently developed with a legal
nonconforming one story single-family residence. The
proposed reconstruction/ remodeling does not change the
existing single-family use. 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 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's architectural
styling retains the dual front door alcove entry, and duplicates
the window style, wood trim fascia, siding and stucco.
Although Exhibit "A" indicates removing the existing rock at
the garage and replacing it with plain stucco, a condition
requires the streetscape garage elevation be layered with
materials and finishes to blend with the new addition and to
revamp the streetscape garage elevation and submit it to the
Planning Division for review and approval prior to Permit
Issuance. A staff suggestion is to add brick, siding, or a similar
material half way up from the ground. This revision and the
multi-levels of roof lines, the other wood siding, and stucco,
create the texture and contrast consistent with the existing
neighborhood, while providing variety and low levels of
maintenance. The project's colors and materials are
maintained with the existing architectural style and palette
which makes the application 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 maintenance levels.
(i) The proposed project will not be detrimental to the public health, safety,
or welfare or materially injurious (e.g., negative affect on property
values or resale(s) of property) to the properties or improvements in
the vicinity.
Structural plan check, City permits, and inspections; soils
report and Fire Department approvals, are required for
construction. These processes will ensure that the finished
project will not be detrimental to the public health, safety, or
welfare, or materially injurious to the properties or
improvements in the vicinity. Additionally, a Recorded
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is
categorically exempt per the California Environmental Quality
Act of 1970 (CEQA), Section 15301(e).
NONCONFROMING STRUCTURES
(k) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not
result in the structure becoming incompatible with other
structures in the neighborhood.
As stated in Item (g), the proposed project is compatible with
other structures in the vicinity. Many one and two-story
structures in the vicinity have remodeled and added the
increased square footage. The addition, enlargement,
extension, reconstruction, relocation or structural alteration of
the nonconforming structure would not result in the structure
becoming inconsistent with the General Plan or any applicable
As stated in Items (e) and (g), the proposed project is consistent
with the City's General Plan objectives and strategies, Chapter
22.48 of the Municipal Code, and City Design Guidelines.
(m The addition, enlargement, extension, reconstruction,
relocation or structural alteration of the nonconforming
structure would not result in the structure becoming a
restriction to the eventuallfuture compliance with the
applicable regulations of the Municipal Code.
The existing parcel was approved by Tract Map No. 31139, Lot
63, as .17 acres. The existing structure was completed under
the Los Angeles County Code in 1973 and met the required
setbacks of that Code prior to the City's incorporation. The
distance between structures on adjoining parcels and the
setback on the sides have changed from the Los Angeles
County Code of 10 feet to 15 and 5 feet to 5 feet and 10 feet
respectively. The application with an existing approximately 10
and 13 feet distance between structures at the northerly and
southerly property line as well as the side setback on the
southerly side are considered legal nonconforming. These are
defined as any parcel or structure that was legally created or
constructed prior to the adoption of the current Diamond Bar
Municipal Code adopted November 3, 1998, and which does not
The proposed project conforms to the other applicable
provisions of the Municipal Code and the exterior limits of the
new construction do not exceed the applicable height limit or
encroach further into the setbacks than the comparable
portions of the existing structure where the nonconformity
exists. No further nonconforming status of this parcel is
(n) The addition, enlargement, extension, reconstruction, relocation
or structural alteration of the nonconforming structure would
not result in the structure becoming detrimental to the health,
safety, and general welfare of persons residing in the
neighborhood.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Recorded Covenant and Agreement is required
and runs with the land to maintain a single-family residence.
(o) The addition, enlargement, extension, reconstruction, relocation
or structural alteration of the nonconforming structure would
not result in the structure becoming detrimental and/or
injurious to property and improvements in the neighborhood.
As stated in Items (e -h), the architectural design of the
proposed development is compatible with the surrounding
neighborhood's characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48, the General
Plan, City Design Guidelines, or any applicable specific plan.
Also, as stated in Item (i),structural plan check, City permits, and
inspections, soils report and Fire Department approvals, are
required for construction. These processes will ensure that the
finished project will not be detrimental to the public health,
safety, or welfare, or materially injurious to the properties or
MINOR CONDITIONAL USE PERMIT
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 Municipal Code.
As state in Items (e -o), the proposed use is allowed within the
zoning district and complies with all other applicable
provisions of the Municipal Code.
(a The proposed use is consistent with the General Plan and any applicable
specific plan.
As state in Item (e), the proposed use is consistent with the
General Plan and any there is not applicable specific plan.
(r) The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity.
As stated in Items (e -o), the design, location, size, etc. is
compatible with the existing and future land uses in the vicinity.
(s) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provisions of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
As stated in Items (e -o), the subject site is physically suitable
for the type and density/intensity of use being proposed
including access, provisions of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
(t) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to person, property or improvements in the
vicinity and zoning districts in which the property is located.
Structural plan check, City permits, and inspections, soils
report and Fire Department approvals, are required for
construction. These processes will ensure that the finished
project will not be detrimental to the public health, safety, or
welfare, or materially injurious to the properties or
improvements in the vicinity. Additionally, a Recorded
Covenant and Agreement is required and runs with the land to
The second story addition follows the line of the existing one
story structure and maintains a 35 feet height; therefore, the
proposed application has no negative effect or impact to the
surrounding properties' view corridor.
Additionally, the colors and materials utilized are compatible with
the homes within the surrounding area.
(u) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is
categorically exempt perthe California Environmental
QualityAct of 1970 (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:
PUBLIC
(a) The project shall substantially conform to site plan, floor plans, roof plan, and
elevations collectively labeled as Exhibit "A" dated August 24, 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 constriction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and refuse,
whether during or subsequent to constriction, 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, constriction, 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) The drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
minimum slope. Flow shall not am onto the sidewalk, and an
Encroachment Permit may be required for a subdrain system to direct the
runoff into the gutter via a curb drain.
(d) If applicable, the applicant shall comply with Standard Urban Storm Water
Mitigation Plan requirements to the satisfaction of the City Engineer.
(e) Owners shall obtain an encroachment permit for the existing wall in the public
right-of-way from the Public Works Division prior to the issuance of any
permits.
BUILDING AND SAFETY
( f 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.
PLANNIN
(h) This single-family structure shall meet the State Energy
Conservation Standards.
(i The minimum design wind pressure shall be 80 miles per hour
and "C" exposure.
Smoke detectors shall be provided in all sleeping
Prior to plan check submittal, the applicant shall submit a soils report as
required by the City for the proposed improvements to be reviewed and
approved.
(I The applicant shall comply with the requirements of City Planning,
Building and Safety, Public Works Divisions, and the Fire Department.
(m) Footing shall be designed for expansive
soil.
(n) Lateral analysis shall be performed of the existing first story.
(o) Prior to plan check submittal, the applicant shall indicate color and type
(p) The second story addition stairway shall meet maximum raise and minimum
run.
The single-family structure requires Fire Department approval and is
located in "High Fire Zone" and shall meet the following requirements of
that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the flame
or members under the fire;
(2) All enclosed under -floor areas shall be constructed as
exterior walls;
(3) All openings into the attic, floor, and/or other enclosed
areas shall be covered with corrosion -resistant wire
mesh not less than 1/4 inch nor more than 1/z inch in
any dimension except where such openings are
equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum lh inch screen.
(r) Applicants shall revise Exhibit "A" which indicates removing the stone and
replacing it with plain stucco at the streetscape garage elevation with a
layered material and finish to blend with the new addition. Staff suggests
adding brick, siding, or a similar material half way up from
the ground. This plan shall be submitted to the Planning Division for review
and approval prior to final plan check and permit issuance.
(s) A landscape/irrigation plan for the front yard shall be submitted to the
Planning Division for review and approval prior to building permit
issuance. The plan shall delineate the type of planting materials, color,
size, quantity and location. The landscaping/ irrigation shall be installed or
replaced in the front yard prior to the Planning Division's final inspection.
Any walls, gates, fountains, dense plant material, etc. that may be
proposed within the front setback shall not exceed a maximum height of
42 inches.
(t) The Owner shall obtain a Zoning Clearance for any Home Based Business use
per Municipal Code Section 22.42.070 in the proposed office.
(u) 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.
(v) The owners 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's Recorder's Office prior to the issuance of a building permit.
( w 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.
(x) 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
1
conditions of this grant. Further, this grant shall not be effective until
the permittee pays remaining City processing fees.
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
Stephen and Christina Goode, 624 Hoss Street, Diamond Bar, CA 91765
and Pro Builder, Kenn Coble, 449 W. Allen Avenue, 4109, San Dimas,
CA 81773.
APPROVED AND ADOPTED THIS 24th DAY OF AUGUST 2004, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
i
By: C
Jack Tanaka, Vice 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 24th day of August 2004, by the following vote:
AYES: Commissioners: Tye, Low, McManus, V/C Tanaka
NOES:
ABSENT
ATTEST
Commissioner:
Commissioner: C/Nolan
1