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HomeMy WebLinkAboutPC 2004-40A. B. PLANNING COMMISSION RESOLUTION NO. 2004-40 A RESOLUTION OF THE PLAN DIAMOND BAR APPROVING 0 MINOR CONDITIONAL USE PE REMODEL AND CONSTRUCT P ADDITION TO AN EXISTING 2,46 FAMILY RESIDENCE WITH T ADDRESS IS 24422 ROCKBUR' DIAMOND BAR, CALIFORNIA RECITALS DING COMMISSION OF THE CITY OF :VELOPMENT REVIEW NO. 2004-311 RMIT NO. 2004-10. A REQUEST TO V APPROXIMATE 965 SQUARE FOOT SQUARE FOOT ONE-STORY SINGLE - VO CAR GARAGE. THE PROJECT 'DRIVE (LOT 50, TRACT NO. 42587), 1. The property owner/applicant, Kennith Whitlock, has filed an application to approve Development Review No. 2004-31/Minor Conditional Use Permit No. 2004-10 for a property located at 24422 Rockbury Drive (Lot 50, Tract No. 42587), Diamond Bar, os 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 September 1, 2004, 89 roperty owners within the Application's 500 -foot radius were notified by mail and three other locations were posted within the application's vicinity. On September 2, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newsy pers and a public hearing notice display board was posted at the site. 3. On September 14, 2004, the Diamond Bar Planning Commission conducted a duly noticed public hearing on the Application and concluded. 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 th6reunder. 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 having considered the recc below, and changes and alts conditioned upon the propos evidence before this Plannir will have the potential of ai habitat upon which the wildl this Planning Commission hE contained in Section 753.; Regulations. 4. Based upon the findings Commission, hereby finds hereby specifically finds and determines that, rd as a whole including the findings set forth irations which have been incorporated into and ed project set forth in the Application, there is no g Commission that the project proposed herein i adverse effect on wild life resources or the fe depends. Based upon substantial evidence, .reby rebuts the presumption of adverse effects i (d) of Title 14 of the California Code of J conclusions set forth herein, this Planning follows: (a) The project relates to a parcel at 24422 Rockbu ry Drive (Lot 50, Tract No. 42587), Diamond Bar, California. The project site is approximately .15 gross acres. It is a rectangular shaped lot with an existing one- story single-family residence; (b) The General Plan La d Use designation is Low Density Residential (RL), maximum 3 dw Iling units/acre. The project site is zoned R-1- 8,000, Single -Family esidence; (c) Generally, the following zone surrounds the project site: to the north and south is R-1-8,00 ; to the east is Light Agricultural (A-2-1); and to the west R-1-10,000; (d) The Application is are uest to remodel and construct an approximate 965 square foot addit on to an existing 2,468 square foot one-story single-family residence with a two car garage. The Minor Conditional Use Permit is to allow the continuation of a legal nonconforming 15 feet front yard set ack; DEVELOPMENT REVIEW (e) The design and layoL with the General Pla district, design guidel area (e.g., theme area or planned developm( The project site, cu, residence, was esta Plan and current R July 25, 1995, has a of the proposed development are consistent , development standards of the applicable yes, and architectural criteria for specialized , specific plans, community plans, boulevards, � developed with a one-story, single-family ?d before the adoption of the City's General pal Code. The adopted General Plan of use designation of Low Density Residential (RL) (maximum thre dwelling units/acre). The Application complies with the City's Ge eral Plan objectives and strategies related to maintaining the in grity of residential neighborhoods and open space, the current iamond Bar Municipal Code, and with the City's Design Guidelines, here is no specific plan. The proposed projet conforms to Municipal Code provisions: The site coverage is less th n 40 percent; is- comparable with the existing neighborhood; it m ets the required height limitations; and the proposed project do s not encroach into the setbacks; (f) The design and layo t of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and w Il not create traffic or pedestrian hazards. Goldrush Drive, An the project. These created by residen The project site is c residence. The prol family residence us story, the resident limitation and has a project is not expe enjoyment of neigh, to view or traffic; )s Place and Rockbury Drive adequately serve eets are designed to handle minimum traffic development. ,ently developed with a one-story single-family ;ed project does not change the existing single - Although the proposed project adds a second meets the Municipal Code's 35 feet height ele consistent with surrounding properties. The d to unreasonably interfere with the use and ring existing or future development with regard (g) The architectural de ign of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development conterr plated by Chapter 22.48, the General Plan, City Design Guidelines, r any applicable specific plan. The proposed pro, contemporary archil siding, color, rock fc, provides variety and trim and palette, anc architectural style of design is consistent and Municipal Code. (h) The design of the environment for its act maintains the single-family residence's actural style, stucco, wood trim fascia, wood ;ade and the roof. The use of these materials Ierest. By maintaining the existing architectural as conditioned herein, it is compatible with the other homes within the tract The Application vith the General Plan, City's Design Guidelines There is no specific plan; osed development will provide a desirable pants and visiting public, as well as its 3 neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, material , and textures proposed are similar to those currently used and ar complimentary to the existing homes within the area while offering v riety and low levels of maintenance; (i} The proposed proje safety, or welfare c property values or improvements in the Structural plan the Department approva will ensure that the A health, safety, or we improvements in the will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or c, City permits, and inspections; and Fire are required for construction. These processes ►hed project will not be detrimental to the public ire, or materially injurious to the properties or (j} The proposed proje t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environm ntal evaluation indicates that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) g jidefines, Section 15301(e); NAVLM111 (I} The proposed use is approval of a Minor other applicable pr Municipal Code. The Development G R-1-8,000 zone. D 22.68.020 related to 1 applies to this propo. setback. Although Ti way to be counted measured to the fror does not encroach fU consistent through of other residences in t1 (m) The proposed use applicable specific 1 owed within the subject zoning district with the onditional Use Permit and complies with all isions of the Development Code and the 1e requires a 20 feet front yard setback in the velopment Code Sections 22.56.020 and gal nonconforming structures, uses and parcels 'd project due to the existing 15 feet front yard ct Map 42587 allows 6 feet of public-right-of- `oward the setback, the front yard setback property line is 15 feet. The addition/remodel `her into the 15 foot front yard setback which is the Tract and will not create incompatibility with neighborhood, consistent with the General Plan and any 4 As mentioned abov in item (e), the entire project is consistent with the General Plan. ere is no specific plan applicable to this project; (n) The design, location, size and operating characteristics of the proposed use are copatible with the existing and future land uses in the vicinity. As mentioned above in Item (f) and (g), the entire projectas designed, located, size and operating characteristics is consistent with the General Plan, there re, 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 abov in (h) and (i), the subject site is physically suitable for the pe and densiVintensity of the proposed addition/remodel including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. For the reasons refei enced above in Items (e) through (o), granting the Minor Conditiona Use Permit will not be detrimental to the public interest, health, si ifety, injurious to persons, property, or improvements in the icinity and zoning district in which the property is located; and (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorical) exempt per the 1970 California Environmental Quality Act (CEQA) g idelines, Section 15301(e). LEGAL NONCONFORMING The addition, enlargement, a ension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 5 (r) incompatible with other structures in the neighborhood. (s) (t) (u) The Development C 1-8,000 zone. Devel related to legal none this proposed proje( Although Tract Map counted toward the, front property line is foot front yard setba will not create in neighborhood, Inconsistent with the le requires a 20 feet front yard setback in the R- 7ment Code Sections 22.56.020 and 22.68.020 7forming structures, uses and parcels applies to due to the existing 15 feet front yard setback. 2587 allows 6 feet of public -right-of-way to be itback, the front yard setback measured to the 5 feet. The addition/remodel maintains the 15 c which is consistent through out the Tract and )mpatibility with other residences in the eral plan or any applicable specific plan. The proposed additio /remodel complies with the General Plan land use designation, objectives and strategies related to maintaining the integrity of residentia neighborhoods and open space. There is no applicable specific pl n for this area of Diamond Bar; A restriction to the regulations of this d As mentioned in fin addition/remodel co for the project's zone compliance with the Code; Detrimental to the residing in the neig The proposed addl safety and general because itis cons Development stanc is consistent with neighborhood; future compliance with the applicable nt code. g (e), (f), (g), (h), (r), (s) above, the proposed lies with the required development standards district and will not restrict the eventual/future olicable regulations of the City's Development , safety and general welfare of persons Dd: and ?model will not be detrimental to the health, re of persons residing in the neighborhood with the General Plan and required City Additionally, the proposed remodeUaddition existing residential structures within the (v) Detrimental and/or injrious to property and improvements in the neighborhood. The proposed addition remodel will not be detrimental and/or injurious to property and improvements in the neighborhood the 15 feet setback is consistent throughout the neighborhood and Tract 42587 and because prior to the issuance of any City permits, the proposed Project is required t resolution and the Division, and Fire agencies through th the proposed projec welfare or materially vicinity, 5. Based upon the findings Commission hereby app conditions: (a) The project shall SL elevations collectiv 2004, as submitte Planning Commissi (b) The site shall be ma during and after the entitlement granted refuse, whether duri only by the propert' contractor, who has I transportation, and commercial, constru, be the owner/applica utilized has obtained such services; PUBLIC WORKS comply with all conditions within the approved Building and Safety Division, Public Works Department requirements. The referenced permit and inspection process will ensure that is not detrimental to the public health, safety or r7jurious to the properties or improvements in the conclusion set forth above, the Planning this Application subject to the following dantially conform to site plan, floor plans, and labeled as Exhibit "A" dated September 14, to, amended herein, and approved by the stained in a condition that is free of debris both onstruction, addition, or implementation of the ierein. The removal of all trash, debris, and or subsequent to construction, shall be done owner, applicant or by duly permitted waste :en authorized by the City to provide collection, disposal of solid waste from residential, ion, and industrial areas within the City. It shall I's obligation to insure that the waste contractor ermits from the City of Diamond Bar to provide (c) The drainage pattern shall be reviewed and approved by the Public Works Division; rooftop runoff shall be directed to pervious area. Surface water shall drain away from the building at a 2% minimum slope. Drainage shall not flow over the sidewalk; (d) If applicable and pri owner/applicant shall review and approval National Pollutant Dis and incorporate the al Additionally, the owne permits; :)r to the issuance of any City permits, the submit an erosion control plan for the City's The erosion control plan shall conform to ;harge Elimination System (NPDES) standards 1propriate Best Management Practices (BMP's). r/applicant shall obtain the necessary NPDES 7 (e) If applicable, the Storm Water Miti City Engineer; BUILDING AND SAFETY (f) Before construction construction fenc requirements. The Official; r/applicant shall comply with Standard Urban i Plan requirements to the satisfaction of the is, the owner/applicant shall install temporary per the Building and Safety Division's e shall remain until released by the Building (g) The single-family structure shall meet the 2001 California Building Code, California Plu bing Code, California Mechanical Code, and the 2001 National EI ctrical Code requirements; (h) The single-family structure requires Fire Department approval and is located in "Hiah Fire one" 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/a inch nor more than 1,12 inch in any dimension except where such op nings are equipped with sash or door. (4) Chimneys shall have spark arresters of maximum 1/2 inch screen; (i) This single-family structure shall meet the State Energy Conservation Standards; Q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure; (k) Smoke detectors shall be provided in all sleeping rooms; (1) Surface water shall drain away from building at 2% minimum slope; (m) The stairway shall me t maximum raise and minimum run; (n) The footings shall be designed for expansive soil; PLANNING (o) The owner/applicar t shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions and the Fire Department; (p) The landscaping/irri ation shall be installed or replaced in the front yard prior to the Pla ning Division's final inspection; (q) Proposed addition shall match existing color, stucco, roof material, wood siding and wi dows; (r) 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 i 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 propeny shall not be used for regular gatherings which result in a nuisance c r which create traffic and parking problems in the neighborhood; (s) This grant is valid for two (2) years and shall be exercised (i.e., construction) wi hin that period or this grant shall expire. A one - (1) year extension rr ay be approved when submitted to the City in writing at least 60 daVs prior to the expiration date. The Deputy City Manager will consid r -the extension request at a duly noticed public hearing in accordanc with Chapter 22.72 of the City of Diamond Bar Municipal Code; (t) This grant shall not be effective for any purpose until the permittee and owners of the pr perry involved (if other than the permittee) have filed, within fifteen (1 5) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating I hat they are aware and agree to accept all the conditions of this grai it. Further, this grant shall not be effective until the permittee pays remaining City processing fees; (u) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 pplies to the approval of this project, then the owner/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 a empt from a filing fee imposed because the project has more tha a deminimis impact on fish and wildlife, the 9 owner/applicant shat also pay to the Department of Fish and Game any such fee and an 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 Kennith Whitlock, 1214422 Rockbury Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14th D Y OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMO BAR. By: Dan Nolan, Chairma 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 14th day of Sept mber 2004, by the following vote: AYES: Commissioners: Tye, V/C Tanaka, Low, McManus, C/Nolan NOES: Commissioners: one ABSENT: Commissioners: one ABSTAIN: Commissioners: one i. ATTEST: ; �l4 —'` Q/ ,des DeS efano, Secretary 10 PLANNIN RESOLUT A RESOLUTION OF THE PLAN DIAMOND BAR APPROVING D MINOR CONDITIONAL USE PE REMODEL AND CONSTRUCT A ADDITION TO AN EXISTING 2,46 FAMILY RESIDENCE WITH T ADDRESS IS 24422 ROCKBUR' DIAMOND BAR, CALIFORNIA A. RECITALS 1. The property owner/applic approve Development Re No. 2004-10 for a property No. 42587), Diamond Bar, the title of this Resolutio Development Review/Min Exemption shall be referre G COMMISSION ION NO. 2004-40 NING COMMISSION OF THE CITY OF EVELOPMENT REVIEW NO. 2004-31/ :RMIT NO. 2004-10. A REQUEST TO N APPROXIMATE 965 SQUARE FOOT 3 SQUARE FOOT ONE-STORY SINGLE - NO CAR GARAGE. THE PROJECT Y DRIVE (LOT 50, TRACT NO. 42587), nt, Kennith Whitlock, has filed an application to iew No. 2004-31/Minor Conditional Use Permit located at 24422 Rockbury Drive (Lot 50, Tract os Angeles County, California, as described in . Hereinafter in this Resolution, the subject r Conditional Use Permit and Categorical to as the "Application." 2. On September 1, 2004, 89 roperty owners within the Application's 500 -foot radius were notified by mail and three other locations were posted within the application's vicinity. On S ptember 2, 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 September 14, 2004, th Diamond Bar Planning Commission conducted a duly noticed public hearing on the Application and concluded. B. RESOLUTION NOW, THEREFORE, it is foun Commission of the City of Diamo 1. The Planning Commission forth in the Recitals, Part A determined and resolved by the Planning d Bar as follows: ereby specifically finds that all of the facts set of this Resolution are true and correct. 2. The Planning Commission above in this Resolution is c California Environmental promulgated thereunder. T Chapter 3, Title 14 of the C hereby determines that the project identified tegorically exempt from the requirements of the uality Act of 1970 (CEQA) and guidelines is is pursuant to Section 15301(e) of Article 19 of lifornia Code of Regulations. 3. Regulations. hereby specifically finds and determines that, rd as a whole including the findings set forth arations which have been incorporated into and ed project set forth in the Application, there is no g Commission that the project proposed herein i adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753. 5 (d) of Title 14 of the California Code of will have the potential of a evidence before this Planni conditioned upon the propo below, and changes and alt having considered the rec The Planning Commission 4. Based upon the findings ad conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to parcel at 24422 Rockbury Drive (Lot 50, Tract No. 42587), Diamond Bar, California. The project site is approximately .15 gross acres. It is rectangular shaped lot with an existing one- story single-family re idence; (b) The General Plan Lad Use designation is Low Density Residential (RL), maximum 3 dw Iling units/acre. The project site is zoned R-1- 8,000, Single -Family Residence; (c) Generally, the followiiig zone surrounds the project site: to the north and south is R-1-8,00 ; to the east is Light Agricultural (A-2-1); and to the west R-1-10,000; (d) The Application is a request to remodel and construct an approximate 965 square foot addit on to an existing 2,468 square foot one-story single-family residence with a two car garage. The Minor Conditional Use Permit is to allow the continuation of a legal nonconforming 15 feet front yard setback; DEVELOPMENT REVIEW (e) The design and layou with the General Pla district, design guideli area (e.g., theme area; or planned developme of the proposed development are consistent , development standards of the applicable es, and architectural criteria for specialized specific plans, community plans, boulevards, its. The project site, curre tly developed with a one-story, single-family residence, was establi hed before the adoption of the City's General Plan and current Municipal Code. The adopted General Plan of July 25, 1995, has a lad use designation of Low Density Residential !2 (RL) (maximum thre with the City's Gen maintaining the into space, the current G Design Guidelines. M (9) The proposed projec coverage is less the neighborhood; it m proposed project dog e dwelling units/acre). The Application complies eral Plan objectives and strategies related to agrity of residential neighborhoods and open iamond Bar Municipal Code, and with the City's there is no specific plan. t conforms to Municipal Code provisions: The site in 40 percent; is comparable with the existing gets the required height limitations; and the gs not encroach into the setbacks; The design and layo t 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. Goldrush Drive, Arm tos Place and Rockbury Drive adequately serve the project. These streets are designed to handle minimum traffic created by residents I development. The project site is ce. residence. The prope family residence use story, the residence: limitation and has a project is not expec enjoyment of neighb to view or traffic; rrently developed with a one-story single-family >sed project does not change the existing single- . Although the proposed project adds a second meets the Municipal Code's 35 feet height tyle consistent with surrounding properties. The Led to unreasonably interfere with the use and gyring existing or future development with regard The architectural design of the proposed development is compatible with the characteris ics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development conte plated by Chapter 22.48, the General Plan, City Design Guidelines, r any applicable specific plan. The proposed pro ect maintains the single-family residence's contemporary archi ctural style, stucco, wood trim fascia, wood siding, color, rock f cade and tile roof. The use of these materials provides varietyand 'nterest. By maintaining the existing architectural trim and palette, anc as conditioned herein, it is compatible with the architectural style o 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 g that will remain aestl The colors, materials currently used and ar area while offering vs The proposed projei safety, or welfare o property values or improvements in the )od aesthetic use of materials, texture, and color etically appealing. and textures proposed are similar to those complimentary to the existing homes within the riety and low levels of maintenance; t will not be detrimental to the public health, materially injurious (e.g., negative affect on resale(s) of property) to the properties or icinity. Structural plan the k, City permits, and inspections; and Fire Department approval are required for construction. These processes will ensure that the fin shed project will not be detrimental to the public health, safety, or wel are, or materially injurious to the properties or improvements in the icinity; Q) The proposed proje t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorical! exempt per the 1970 California Environmental Quality Act (CEQA) g idelines, Section 15301(e); MINOR CONDITIONAL USE PERMIIT (I) The proposed use is a approval of a Minor other applicable pro Municipal Code. The Development Co R-1-8,000 zone. DE 22.68.020 related to k applies to this propose setback. Although Tn way to be counted measured to the front does not encroach fur consistent through oul other residences in th lowed within the subject zoning district with the ,onditional Use Permit and complies with all isions of the Development Code and the de requires a 20 feet front yard setback in the velopment Code Sections 22.56.020 and gal nonconforming structures, uses and parcels nd project due to the existing 15 feet front yard ct Map 42587 allows 6 feet of public -right -of - toward the setback, the front yard setback property line is 15 feet. The addition/remodel her into the 15 foot front yard setback which is the Tract and will not create incompatibility with 9 neighborhood; (m) The proposed use inconsistent with the General Plan and any applicable specific pla . As mentioned abov, the General Plan. 7 (n) (0) (p) (q) The design, locatic proposed use are co the vicinity. As mentioned above located, size and 0 General Plan, theret uses in the vicinity a in Item (e), the entire project is consistent with ere is no specific plan applicable to this project; n, size and operating characteristics of the npatible with the existing and future land uses in in Item (f) and (g), the entire project as designed, perating characteristics is consistent with the ore, compatible with the existing and future land s conditioned within this resolution; The subject site is ph of use being prop( compatibility with ad, constraints. ysically suitable for the type and density/intensity )sed including access, provision of utilities, oining land uses, and the absence of physical As mentioned abov in (h) and (i), the subject site is physically suitable for the pe and density/intensity of the proposed addition/remodel including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; Granting the Minor Conditional Use Permit will not be detrimental to the public interest, h alth, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. For the reasons refe enced above in Items (e) through (o), granting the Minor Conditions Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the icinity and zoning district in which the property is located; and The proposed proje t has been reviewed in compliance with the provisions of the Cali ornia Environmental Quality Act (CEQA). The City's environm ntal evaluation indicates that the proposed project is categorical) exempt per the 1970 California Environmental Quality Act (CEQA) it idelines, Section 15301(e). LEGAL NONCONFORMING The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 5 (r) Incompatible with of The Development C 1-8,000 zone. Devel related to legal none this proposed projec Although Tract Map counted toward the front property line is foot front yard setba will not create inc neighborhood; (s) Inconsistent with the The proposed addition use designation, obje integrity of residential applicable specific ply er structures in the neighborhood. de requires a 20 feet front yard setback in the R- pment Code Sections 22.56.020 and 22.68.020 nforming structures, uses and parcels applies to due to the existing 15 feet front yard setback. 12587 allows 6 feet of public -right-of-way to be etback, the front yard setback measured to the 5 feet. The addition/remodel maintains the 15 k which is consistent through out the Tract and ompatibility with other residences in the eneral plan or any applicable specific plan. i/remodel complies with the General Plan land ;tives and strategies related to maintaining the neighborhoods and open space. There is no n for this area of Diamond Bar; (t) A restriction to the erentual/future compliance with the applicable regulations of this de elopment code. As mentioned in findi, addition/remodel com for the project's zonin,d compliance with the al Code; (u) Detrimental to the hi residing in the neighb The proposed additior safety and general we because it is consists Development standarc is consistent with th neighborhood; g (e), (f), (g), (h), (r), (s) above, the proposed lies with the required development standards district and will not restrict the eventual/future plicable regulations of the City's Development alth, safety and general welfare of persons irhood; and /remodel will not be detrimental to the health, (fare of persons residing in the neighborhood nt with the General Plan and required City s. Additionally, the proposed remodeUaddition s existing residential structures within the (v) Detrimental and/or inj—rious to property and improvements in the neighborhood. The proposed addition to property and impr setback is consistent t and because prior to tl remodel will not be detrimental and/or injurious Ivements in the neighborhood the 15 feet roughout the neighborhood and Tract 42587 e issuance of any City permits, the proposed project is required t 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 th 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 upon the findings nd 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, and elevations collectively labeled as Exhibit "A" dated September 14, 2004, as submitted to, amended herein, and approved by the Planning Commissio ; (b) The site shall be maintained in a condition that is free of debris both during and after the entitlement granted refuse, whether durir only by the property contractor, who has t transportation, and commercial, construc be the owner/applica utilized has obtained such services; onstruction, addition, or implementation of the herein. The removal of all trash, debris, and g or subsequent to construction, shall be done owner, applicant or by duly permitted waste een authorized by the City to provide collection, disposal of solid waste from residential, tion, and industrial areas within the City. It shall is obligation to insure that the waste contractor ermits from the City of Diamond Bar to provide PUBLIC WORKS (c) The drainage pattern shall be reviewed and approved by the Public Works Division; rooftop runoff shall be directed to pervious area. Surface water shall drain away from the building at a 2% minimum slope. Drainage shall not flow over the sidewalk; (d) If applicable and pri owner/applicant shall review and approval National Pollutant Dis and incorporate the a Additionally, the own permits; r to the issuance of any City permits, the submit an erosion control plan for the City's The erosion control plan shall conform to harge Elimination System (NPDES) standards propriate Best Management Practices (BMP's). r/applicant shall obtain the necessary NPDES (e) If applicable, the owier/applicant shall comply with Standard Urban Storm Water Mitigati n Plan requirements to the satisfaction of the City Engineer; BUILDING AND SAFETY (f) (9) Before construction b construction fencin requirements. The ff Official; The single-family stn Code, California Plu the 2001 National EI (h) The single-family structure requires Fire Department approval and is located in "Hi h Fire one" and shall meet the following requirements of that fire zone: (2) (3) (i) (1) All roof cover g shall be "Fire Retardant, Class A"; the roofs shall be fire s opped ate the eaves to preclude entry of the flame or mem ers under the fire. All enclosed un er-floor areas shall be constructed as exterior walls. All openings in o the attic, floor, and/or other enclosed areas (4) shall be covers than 1/4 inch nc where such op( Chimneys shal screen; .gins, the owner/applicant shall install temporary per the Building and Safety Division's nce shall remain until released by the Building cture shall meet the 2001 California Building nbing Code, California Mechanical Code, and ctrical Code requirements; d with corrosion -resistant wire mesh not less r more than 142 inch in any dimension except finings are equipped with sash or door. have spark arresters of maximum 1h inch This single-family structure shall meet the State Energy Conservation Standards; Q) The minimum design "C" exposure; (k) Smoke detectors shall find pressure shall be 80 miles per hour and be provided in all sleeping rooms; (I) Surface water shall dr in away from building at 2% minimum slope; (m) The stairway shall me maximum raise and minimum run; (n) The footings shall be designed for expansive soil; (o) The owner/applicant shall comply with the requirements of City Planning, Building nd Safety, Public Works Divisions and the Fire Department; PLANNING (p) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planing Division's final inspection; Proposed addition shall match existing color, stucco, roof material, wood siding and windows; (q) (r) (s) (t) (u) The single-family r creates adverse el setting of the reside traffic, or other distu and shall not result i and resources. The commercial/institutio dwelling. The prope result in a nuisance neighborhood; sidence shall not be utilized in a manner that cts upon the neighborhood and environmental tial site to levels of dust, glare/light, noise, odor, bances to the existing residential neighborhood significantly adverse effects on public services single-family residence shall not be used for al purposes, or otherwise used as a separate shall not be used for regular gatherings which r which create traffic and parking problems in the This grant is valid (i.e., construction) wi (1) year extension n writing at least 60 da Manager will conside hearing in accordant Municipal Code; This grant shall not I and owners of the pra filed, within fifteen (1 for two (2) years and shall be exercised hin that period or this grant shall expire. A one - ay be approved when submitted to the City in is prior to the expiration date. The Deputy City r -the extension request at a duly noticed public with Chapter 22.72 of the City of Diamond Bar e effective for any purpose until the permittee perry involved (if other than the permittee) have days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating conditions of this gra the permittee pays re If the Department of F Code Section 711.4 < owner/applicant shall approval, a cashier's c in connection with Fis this project is not er project has more tha hat they are aware and agree to accept all the it. Further, this grant shall not be effective until maining City processing fees; ish and Game determines that Fish and Game ipplies to the approval of this project, then the remit to the City, within five days of this grant's :heck of $25.00 for a documentary handling fee i and Game Code requirements. Furthermore, if empt from a filing fee imposed because the n a deminimis impact on fish and wildlife, the owner/applicant shal—also pay to the Department of Fish and Game any such fee and an fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoptio of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Kennith Whitlock, 4422 Rockbury Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14th D Y OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMO BAR. By: I, James DeStefano, Planning Commissio Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, d adopted, at a regular meeting of the Planning Commission held on the 14th day of Sept mber 2004, by the following vote: AYES: Commissioners: ye, V/C Tanaka, Low, McManus, C/Nolan NOES: Commissioners: one ABSENT: Commissioners: one ABSTAIN: Commissioners: one ATTEST: 10