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HomeMy WebLinkAboutPC 2004-41A. B. PLANNING COMMISSION RESOLUTION NO. 2004-41 A RESOLUTION OF THE DIA APPROVING DEVELOPME VARIANCE NO. 2003-13(1) 15301(e), A REQUEST TO APPROXIMATE 950 SQUARE I GROSS SQUARE FEET ONE WITH A TWO CAR GARAGE. A CONTINUE THE APPROVED SIDE YARD SETBACK FROM SITE IS LOCATED AT 2914 F NO. 25991), DIAMOND BAR, C, RECITALS The property owners/ap Development Review 200 for a property located No. 25991), Diamond Bar, the title of this Resolutio Development Review, Mir be referred to as the "Appli 2. On August 31, 2004, 93 1 project site were notified I locations were posted wii 2004, the project's public Gabriel Valley Tribune ani public hearing notice displ+ IOND BAR PLANNING COMMISSION T REVIEW NO. 2004-30/MINOR AND CATEGORICAL EXEMPTION REMODEL AND CONSTRUCT AN :ET ADDITION TO AN EXISTING 1,684 STORY SINGLE-FAMILY RESIDENCE NOR VARIANCE NO. 2003-13(l) IS TO IINOR VARIANCE TO REDUCE THE 10 FEET TO 9 FEET. THE PROJECT 31NG STAR DRIVE (LOT 118, TRACT LIFORNIA. licant, Subhash and Udita Kothari, filed 30/Minor Variance No. 2003-13(1) application 2914 Rising Star Drive (Lot 118, Tract os Angeles County, California, as described in Hereinafter in this Resolution, the subject r Variance, and Categorical Exemption shall roperty owners within a 500 -foot radius of the y mail and on September 1, 2004, three other iin the application's vicinity. On September 3, hearing notification was published in the San Inland Valley Daily Bulletin newspapers and a y board was posted at the site. 3. On September 14, 2004, the Planning Commission of the City of Diamond Bar conducted and conc uded 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 Diamo d 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 above in this Resolution is Environmental Quality Act (( 3. The Planning Commission having considered the recc below, and changes and and conditioned upon the there is no evidence befoi proposed herein will have resources or the habitat u substantial evidence, this presumption of adverse effo of the California Code of Re 4. Based upon the findings Commission hereby finds hereby determines that the project identified categorically exempt per the 1970 California 'dEQA), Section 15301(e). hereby specifically finds and determines that, rd as a whole including the findings set forth Iterations which have been incorporated into xoposed project set forth in the. Application, this Planning Commission that the project he potential of an adverse effect on wild life )on which the wildlife depends. Based upon Planning Commission hereby rebuts the acts contained in Section 753.5 (d) of Title 14 d conclusions set forth herein, this Planning follows: (a) The project parcel is Lot 118, Tract 25991, APN 8285-021-009, and addressed 2914 Risi ig Star Drive, Diamond Bar, California. The project site is approximately .20 gross acres, 8,500 gross square feet and 7,650 usabI3 square feet. It is an irregularly shaped lot with an existing one s ory 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-1-7,500. (c) The R-1-7,500 zone surrounds the site. (d) The Application is z request to remodel and construct an approximate 950 squ ire feet addition to an existing 1,684 gross square feet one story ingle-family residence with a two car garage. Minor Variance No. 2)03-13(l) is to continue the approved Minor Variance to reduce the side yard setback from 10 feet to 9 feet. DEVELOPMENT REVIEW (e) The design and layou of the proposed development are consistent with the General Pla , development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme E reas, 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 adopted July 25, 1995, General Plan 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 Diamond Bar Municipal Code, and with th City's Design Guidelines. There is no specific plan. The proposed pro ect conforms to applicable provisions of the Municipal Code, tt e site coverage is less than 40 percent, the project is comparable with the existing neighborhood; the project meets the required eight limitations. A Minor Variance approval for a one foot reduction is required. Though the lots in this neighborhood are rectangular, this irregularly shaped lot narrows toward the rear at the southeast side. The new structure's side yard setback varies frorr 13.8 feet to 9 feet if the lot were rectangular like the neighbors, t e Minor Variance would not be necessary. The 15 feet between st ctures on adjoining parcels is maintained. The proposed proje t is a one story home of approximately 19 feet in height and is in accordance with Municipal Code height standards. Therefore, the proposed remodel is not considered an impact to the surrou ding properties' view corridor. (f) The design and interfere with the future developm( hazards. Rising Star Drive a neighboring streets by residential devel The project site is CL residence. The pr change the existin addition enlarges tf Code's 35 feet heigi style consistent witt expected to unreasc neighboring existing traffic. gut of the proposed development will not and enjoyment of neighboring existing or and will not create traffic or pedestrian lately serves the project site. This and the designed to handle minimum traffic created rently developed with a one story single-family posed reconstructionlremodeling does not single-family use. Although the proposed existing residence, it meets the Municipal t limitation. Additionally, the Application has a surrounding properties. The structure is not 7ably interfere with the use and enjoyment of or future development with regard to view or (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood 3 and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City esign 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; battens ar7d stucco. These features and the multi-levels of roof lines create the texture and contrast consistent with the existing neighborhood, while providing variety and low levels of maintenance. The project's colors nd 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 p oposed 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, material , and textures proposed are the same as existing and are corpplimentary to the existing homes within the area while offering va iety and low maintenance levels. (i) The proposed projec will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values orresale(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 pr perties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to r 7aintain a single-family residence. (j) The proposed projechas been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). The City has determi ed that the proposed project is categorically exempt per the California Environmental Quality Act of 1970 (CEQA), Section 15301(e). 4 MINOR VARIANCE (k) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinit and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. The Diamond Bar D velopment Code Minor Variance approval may allow up to 20 percent for setback variation. The applicant requests 10 percent, one foot. The RLM Development Standards require 5 feet on one side and 10 feet on the other with 15 feet between structures on adjoin g parcels. The existing structure has 13.8 feet and 7 feet and 15 fe t between structures on adjoining parcels. The owner wishes a 950 square feet addition by extending the structure 15 feet at the rear on the southeast side. Though the lots in this neighborhood are rectangular, this irregularly shaped lot narrows toward the ear at the southeast side. The new structure's side yard setback varies from 13.8 feet to 9 feet. !f the lot were rectangular like the neighbors, the Minor Variance would not be necessary. The main structures placement and lot configuration are special circumstances for this application. The side setback variance still provides the 15 feet between structures on adjoining parcels. This deviation from the building standards will not compromise the neighbors. Though the code requires the side setback at 10 feet, this is a special circumstance applicable to the property that makes strict enforcement impractical and would create unnecessary hardship to the applicant. There are homes in the same vicinity that have added square footage, so granting the Minor Variance will allow the applicant the enjoyment of substantial property rights possessed by other property owners. The request is consistent with the General Plan by maintaining the 15 feet between structures on adjoining parcels, and would not be detrimental to the public interest, health, safely, convenience or welfare of the City. (1) Granting the Minor ariance is necessary for the preservation and enjoyment of subs antial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. G� There are homes ir the same vicinity that have added square footage to their homes. Granting the Minor Variance will allow the applicant the enjoyment of substantial property rights possessed by other property owni rs in the same vicinity. The Diamond Bar Development Code Minor Variance approval may allow up to 20 percent for setback variation. The Applicant is requesting 10 percent or one foot variance in order to add square footage to the existing structure. (m) Granting the Minor Yariance is consistent with the General Plan and any applicable specific plan; The proposed single family residence is consistent with the City's General Plan. The roposed single family residence complies with the applicable stand9rds for the R-1-7,500 zoning district (RLM development standards) with the exception of this side yard setback. The RLM Development Standards requires 5 feet on one side and 10 feet on the other with 15 feet between structures on adjoining parcels. In this case, the side setback variance still provides the 15 feet between structures on adjoining parcels. (n) The proposed entitl ment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and City permits, inspections, and any additional items as needed are required by the City for the construction to ensure the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (o) The proposed entitle ent has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determ ed that the proposed project is categorically exempt per the Ca ifornia Environmental Quality Act of 1970 (CEQA), Section 15301(e). 5. Based upon the findings and conclusions set forth above, the Planning Commission hereby approes this Application subject to the following conditions: (a) The project shall su stantially conform to site plan/roof plan, floor plans, elevations, sections, collectively labeled as Exhibit "A" dated September 14, 2004, as submitted to, amended herein, and approved by the Plan iing Commission. (b) The subject site sh. debris both durinc implementation of th trash, debris, and construction, shall bi by duly permitted wa City to provide col waste from resider areas within the City that the waste contrE of Diamond Bar to pi PUBLIC WORKS I be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or to contractor, who has been authorized by the action, transportation, and disposal of solid al, commercial, construction, and industrial It shall be the applicant's obligation to insure :tor utilized has obtained permits from the City vide such services. (c) Prior to the issuan a of any building permit, the applicant shall submit a Drainage Plan illustrating the drainage pattern and an erosion control plan to the Public Works Division for review and approval. Surface water shall drain away from the building at a 2% minimum slope. Erosion control measures shall be in place for construction starting after October 1 through April 15. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Division. (d) If applicable, the of Water Mitigation PI the City Engineer. BUILDING AND SAFETY (e) The applicant shall under construction. (f) The single-family str Code, California Plui the 2001 National EI( (g) This single-family Conservation Stanc (h) The minimum design "C" exposure. licant shall comply with Standard Urban Storm i (SUSMP) requirements to the satisfaction of provide temporary sanitation facilities while ;ture shall meet the 2001 California Building bing Code, California Mechanical Code, and trical Code requirements. structure shall meet the State Energy wind pressure shall be 80 miles per hour and 7 PLANNING (i) Smoke detectors shall be provided in all sleeping rooms. Q) The new family room (shall have light and ventilation. (k) A one-hour fire wall shall be required between home and garage. (1) Footings shall bed signed for expansive soil. If required by the City, the applicant shall submit a soils report for the proposed improvements to be reviewed and approved. (m) The applicant shall comply with the requirements of City Planning, Building and Safe Public Works Divisions, and the Fire Department. (n) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials on the plans. (o) The single-family str cture requires Fire Department approval and is located in "Hi h Fire Zone" and shall meet the following requirements of that f re zone: (1) All roof coveri g shall be "Fire Retardant, Class A"; the roofs shall be fires pped at the eaves to preclude entry of the flame or memb Drs under the fire; (2) All enclosedunder-floor areas shall be constructed as exterior walls; (3) All openings in o 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 '/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys sha I have spark arresters of maximum 1/2 inch screen. (p) 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 ins t (led or replaced in the front yard prior to the Planning Division's I'Mal 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. (q) The Owner shall ob ain a Zoning Clearance for any Home Based Business use per Municipal Code Section 22.42.070 in the proposed office. (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 ands all 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 he neighborhood. (s) The owners shall complete and record a "Covenant and Agreement to Maintain a Single- amily Residence" on a form to be provided by the City. The covenant must be recorded with the Los Angeles County's Recorders Office prior to the issuance of a building permit. (t) 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. (u) This grant shall not be effective for any purpose until the permittee and owners of the r roperty 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 condit ons of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (v) 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 applicants all remit to the City, within five clays of this grant's approval, acashier's check of $25.00 for a Jocumentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this roject is not exempt from a filing fee imposed because the project as more than a deminimis impact on fish and wildlife, the applican shall also pay to the Department of Fish and P'1 Game any such fee to be owed. The Planning Commission shall: (a) Certify to the any fine which the Department determines of this Resolution; and (b) F=orthwith transmit a certified copy of this Resolution, by certified mail to Subhash and Udita Kothari, 2914 Rising Star Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 1 PLANNING COMMISSION OF THE CIT, By: Dan Nolan, Chairman )AY OF SEPTEMBER 2004, BY THE DIAMOND BAR. 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 September 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: cManus, Low, Tye, V/C Tanaka, Chair Nolan A17EST: is I t Jamnes DeStefano, S cretary 10 PLANNIN RESOLUT A RESOLUTION OF THE DIN APPROVING DEVELOPMEN VARIANCE NO. 2003-13(1) 15301(e), A REQUEST TO APPROXIMATE 950 SQUARE A GROSS SQUARE FEET ONE 1 WITH A TWO CAR GARAGE. MI CONTINUE THE APPROVED I SIDE YARD SETBACK FROM SITE IS LOCATED AT 2914 RI NO. 25991), DIAMOND BAR, CA G COMMISSION ION NO. 2004-41 IOND BAR PLANNING COMMISSION T REVIEW NO. 2004-30/MINOR AND CATEGORICAL EXEMPTION REMODEL AND CONSTRUCT AN _ET ADDITION TO AN EXISTING 1,684 STORY SINGLE-FAMILY RESIDENCE NOR VARIANCE NO. 2003-13(1) IS TO IINOR VARIANCE TO REDUCE THE 10 FEET TO 9 FEET. THE PROJECT SING STAR DRIVE (LOT 118, TRACT LIFORNIA. A. RECITALS 1. The property owners/ap Development Review 200 for a property located No. 25991), Diamond Bar, the title of this Resolutio Development Review, Min be referred to as the "Appli 2. On August 31, 2004, 93 p project site were notified b locations were posted wit 2004, the project's public Gabriel Valley Tribune anc public hearing notice displE plicant, Subhash and Udita Kothari, filed i-30/Minor Variance No. 2003-13(1) application it 2914 Rising Star Drive (Lot 118, Tract Los Angeles County, California, as described in n. Hereinafter in this Resolution, the subject or Variance, and Categorical Exemption shall cation." roperty owners within a 500 -foot radius of the y mail and on September 1, 2004, three other iin the application's vicinity. On September 3, hearing notification was published in the San Inland Valley Daily Bulletin newspapers and a y board was posted at the site. 3. On September 14, 2004, toe Planning Commission of the City of Diamond Bar conducted and conc uded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is foun Commission of the City of Diamoi , determined and resolved by the Planning d Bar as follows: 1 1. The Planning Commission Al ereby specifically finds that all of the facts set forth in the Recitals, Part ' 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 ( EQA), Section 15301(e). 3. 4. The Planning Commission having considered the recc below, and changes and a and conditioned upon the there is no evidence befor proposed herein will have ' resources or the habitat ul substantial evidence, this presumption of adverse effh of the California Code of Re Based upon the findings a Commission hereby finds a: (a) (b) (c) (d) hereby specifically finds and determines that, rd as a whole including the findings set forth Iterations which have been incorporated into roposed project set forth in the. Application, 3 this Planning Commission that the project he potential of an adverse effect on wild life on which the wildlife depends. Based upon Planning Commission hereby rebuts the cts contained in Section 753.5 (d) of Title 14 ulations. d conclusions set forth herein, this Planning follows: The project parcel is addressed 2914 Risi project site is appro feet and 7,650 usabl with an existing one s The General Plan Residential (RLM), m zoned Single -Family I The R-1 -7,500 zone s -ot 118, Tract 25991, APN 8285-021-009, and rig Star Drive, Diamond Bar, California. The imately .20 gross acres, 8,500 gross square e square feet. It is an irregularly shaped lot Tory single-family residence. Land Use designation is Low -Medium ximum 5 dwelling units per acre. The site is esidence, R-1-7,500. rrounds the site. The Application is a request to remodel and construct an approximate 950 squi square feet one story Minor Variance No. 2 Variance to reduce the DEVELOPMENT REVIEW (e) The design and layout with the General Plai district, design guideli area (e.g., theme boulevards, or planne The project site, curre residence, was estai ,re feet addition to an existing 1,684 gross ingle-family residence with a two car garage. 103-13(1) is to continue the approved Minor side yard setback from 10 feet to 9 feet. of the proposed development are consistent , development standards of the applicable ies, and architectural criteria for specialized reas, specific plans, community plans, developments. t/y developed with a one story, single-family fished before the adoption of the City's General Plan and urrent Municipal Code. The adopted July 25, 1995, General an 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 Diamond Bar Municipal Code, and with th City's Design Guidelines. There is no specific plan. The proposed pro Municipal Code, t project is compara meets the required a one foot redu neighborhood are toward the rear at setback varies fro like the neighbors, t 15 feet between st The proposed proje in height and is standards. Thereto impact to the surrou (f) The design and I interfere with the future developmen hazards. Rising Star Drive a neighboring streets by residential devel The project site is c residence. The p change the existin addition enlarges t Code's 35 feet heig style consistent wit expected to unreas neighboring existing traffic. (g) The architectural compatible with the ect conforms to applicable provisions of the e site coverage is less than 40 percent, the le with the existing neighborhood; the project eight limitations. A Minor Variance approval for tion is required. Though the lots in this ectangular, this irregularly shaped lot narrows e southeast side. The new structure's side yard 13.8 feet to 9 feet. If the lot were rectangular e Minor Variance would not be necessary. The ctures on adjoining parcels is maintained. I is a one story home of approximately 19 feet in accordance with Municipal Code height the proposed remodel is not considered an ding properties' view corridor. yout of the proposed development will not se and enjoyment of neighboring existing or and will not create traffic or pedestrian 'equately serves the project site. This and the re designed to handle minimum traffic created ment. rrently developed with a one story single-family posed reconstruction/remodeling does not single-family use. Although the proposed e existing residence, it meets the Municipal t limitation. Additionally, the Application has a surrounding properties. The structure is not nably interfere with the use and enjoyment of or future development with regard to view or esign of the proposed development is haracteristics of the surrounding neighborhood and will maintain attractive developm General Plan, City I plan. The proposed single style is maintained. dual front door alcove trim fascia; battens a of roof lines create existing neighborhoc maintenance. The project's colors architectural style compatible with the design is consistent and Municipal Code. (h) The design of the p environment for its neighbors, through color that will remain nd enhance the harmonious, orderly and ant contemplated by Chapter 22.48, the esign Guidelines, or any applicable specific -family residence's contemporary architectural The project's architectural styling retains the entry, and duplicates the window style, wood nd stucco. These features and the multi-levels the texture and contrast consistent with the d, while providing variety and low levels of end materials are maintained with the existing and palette which makes the application ,ther homes within the tract. The Application vith the General Plan, City's Design Guidelines There is no specific plan. oposed development will provide a desirable occupants and visiting public, as well as its ood aesthetic use of materials, texture, and aesthetically appealing. The colors, material, existing and are con area while offering va (i) The proposed projec safety, or welfare or property values or improvements in the Structural plan chec and Fire Departme These processes wil detrimental to the p and textures proposed are the same as plimentary to the existing homes within the lety and low maintenance levels. will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or icinity. City permits, and inspections; soils report t approvals, are required for construction. ensure that the finished project will not be blic health, safety, or welfare, or materially perties or improvements in the vicinity. injurious to the pry Additionally, a recorde runs with the land to d Covenant and Agreement is required and aintain a single -family residence. (j) The proposed project has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). The City has determi exempt per the Ca, (CEQA), Section 153 ied that the proposed project is categorically ifomia Environmental Quality Act of 1970 1(e). p MINOR VARIANCE (k) There are special (e.g., location, shag conditions), so that denies the property owners in the vicinit, an unnecessary an regulation which compliance with the The Diamond Bar D allow up to 20 perce 10 percent, one to 5 feet on one side , structures on adjoin and 7 feet and 15 fe (I) The owner wishes structure 15 feet at in this neighborho 0 narrows toward the side yard setback s rectangular like the necessary. circumstances applicable to the property re, size, surroundings, topography, or other the strict application of this Development Code r owner privileges enjoyed by other property y and under identical zoning districts or creates d non-self-created, hardship or unreasonable make it obviously impractical to require development standards. =velopment Code Minor Variance approval may nt for setback variation. The applicant requests ,t. The RLM Development Standards require ind 10 feet on the other with 15 feet between ng parcels. The existing structure has 13.8 feet =t between structures on adjoining parcels. a 950 square feet addition by extending the he rear on the southeast side. Though the lots d are rectangular, this irregularly shaped lot rear at the southeast side. The new structure's cries from 13.8 feet to 9 feet. If the lot were neighbors, the Minor Variance would not be The main structure' placement and lot configuration are special circumstances for this application. The side setback variance still provides the 15 fee between structures on adjoining parcels. This deviation from the building standards will not compromise the neighbors. Though the code requires the side setback at 10 feet, this is a special circumstance applicable to the property that makes strict enforcement impractical and would create unnecessary hardship to the applicant. There are homes in the same vicinity that have added square footage, so granting the Minor Variance will allow the applicant the enjoyment of substantial property rights possessed by other property owners. The request is consistent with the General Plan by maintaining the 15 feet between structures on adjoining parcels, nd would not be detrimental to the public interest, health, safe , convenience or welfare of the City. Granting the Minor Variance is necessary for the preservation and enjoyment of subs antial property rights possessed by other property owners in t e same vicinity and zoning district and denied to the property owne for which the Minor Variance is sought. There are homes it footage to their hom applicant the enjoym other property owns Development Code percent for setback percent or one foot i existing structure. the same vicinity that have added square ?s. Granting the Minor Variance will allow the ?nt of substantial property rights possessed by is in the same vicinity. The Diamond Bar Minor Variance approval may allow up to 20 variation. The Applicant is requesting 10 ariance in order to add square footage to the (m) Granting the Minor (ariance is consistent with the General Plan and any applicable s The proposed single General Plan. The p the applicable stan c development stands setback. The RLM L side and 10 feet on adjoining parcels. Ir provides the 15 feet b ecific plan; family residence is consistent with the City's roposed single family residence complies with ards for the R-1-7,500 zoning district (RLM rds) with the exception of this side yard )evelopment Standards requires 5 feet on one the other with 15 feet between structures on this case, the side setback variance still etween structures on adjoining parcels. (n) The proposed entitlement will not be detrimental to the public interest, health, safe , convenience or welfare of the City; and City permits, inspect ons, and any additional items as needed are required by the City for the construction to ensure the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (o) The proposed entitle ent has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determ ed that the proposed project is categorically exempt per the Ca ifornia Environmental Quality Act of 1970 (CEQA), Section 153 1(e). 5. Based upon the findings and conclusions set forth above, the Planning Commission hereby appro es this Application subject to the following conditions: (a) The project shall sub plans, elevations, sea September 14, 200 approved by the Plan stantially conform to site plan/roof plan, floor tions, collectively labeled as Exhibit "A" dated t, as submitted to, amended herein, and ling Commission. (b) PUBLIC WORKS The subject site shy debris both durinc implementation of th trash, debris, and construction, shall bi by duly permitted wa of Diamond Bar to p that the waste contr areas within the Cit waste from reside II be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or ste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid (c) Prior to the issuanc submit a Drainage erosion control plan approval. Surface wi minimum slope. Er construction starting control plan shall Elimination System appropriate Best Ma for the preparation the Public Works/En tial, commercial, construction, and industrial It shall be the applicant's obligation to insure ictor utilized has obtained permits from the City ovide such services. :e of any building permit, the applicant shall Plan illustrating the drainage pattern and an to the Public Works Division for review and iter shall drain away from the building at a 2% osion control measures shall be in place for after October 1 through April 15. The erosion conform to national Pollutant Discharge (NPDES) standards and incorporate the .nagement Practices (BMP's). The standards f erosion control plans can be obtained from ineering Division. (d) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Pla the City Engineer. BUILDING AND SAFETY (e) The applicant shall under construction. M The single-family str Code, California Plui the 2001 National EIE (g) This single-family Conservation Standatds. (SUSMP) requirements to the satisfaction of provide temporary sanitation facilities while icture shall meet the 2001 California Building nbing Code, California Mechanical Code, and ctrical Code requirements. structure shall meet the State Energy (h) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. Smoke detectors shall be provided in all sleeping rooms. The new family room shall have light and ventilation. (I) G) (k) (I) (m) A one-hour fire wall s improvements to be r Footings shall be d City, the applicant The applicant shall c Building and Safety, Public Works Divisions, and the Fire PLANNING Department. (n) Prior to plan check s type (weight) of roofir all be required between home and garage. signed for expansive soil. If required by the hall submit a soils report for the proposed :viewed and approved. mply with the requirements of City Planning, ibmittal, the applicant shall indicate color and g materials on the plans. (o) The single-family structure requires Fire Department approval and is located in "Hi h Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof coveri g shall be "Fire Retardant, Class A"; the roofs shall be firestopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed inder-floor areas shall be constructed as exterior walls; (3) All openings in :o 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 '/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. (p) A landscape/irrigation the Planning Divisior permit issuance. The materials, color, size irrigation shall be inst Planning Division's fi dense plant material, setback shall not exce plan for the front yard shall be submitted to for review and approval prior to building plan shall delineate the type of planting quantity and location. The landscaping/ Bled or replaced in the front yard prior to the ial inspection. Any walls, gates, fountains, etc. that may be proposed within the front 9d a maximum height of 42 inches. 8 (q) (r) (s) The Owner shall ob Business use per proposed office. The single-family re: creates adverse effe setting of the residE odor, traffic, or off neighborhood and sf public services and r be used for commerc a separate dwelling, gatherings which re: parking problems in t The owners shall cor to Maintain a Single - the City. The coven County's Recorder's permit. ain a Zoning Clearance for any Home Based Municipal Code Section 22.42.070 in the sidence shall not be utilized in a manner that cts upon the neighborhood and environmental ntial site to levels of dust, glare/light, noise, er disturbances to the existing residential all not result in significantly adverse effects on Dsources. The single-family residence shall not :iadinstitutional purposes, or otherwise used as The property shall not be used for regular ult in a nuisance or which create traffic and he neighborhood. nplete and record a "Covenant and Agreement family Residence" on a form to be provided by ant must be recorded with the Los Angeles Office prior to the issuance of a building (t) 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. (u) This grant shall not a 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 aff davit stating that they are aware and agree to accept all the condit ons of this grant. Further, this grant shall not be effective until the ermittee pays remaining City processing fees. (v) If the Department f Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant s all 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 as more than a deminimis impact on fish and wildlife, the applican shall also pay to the Department of Fish and Game any such fee to be owed. The Planning Commission shall: nd any fine which the Department determines (a) Certify to the adoptio of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Subhash aid Udita Kothari, 2914 Rising Star Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14th DAY OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CI 0 DIAMOND BAR. By: U& I I I Dan Nolan, Chairman I, James DeStefano, Planning Commi sion 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 September 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: James DeStefano, S cManus, Low, Tye, V/C Tanaka, Chair Nolan creta ry 10