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HomeMy WebLinkAboutPC 2004-51PLANNING COMMISSION RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-38/MINOR CONDITIONAL USE PERMIT NO. 2004-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 1,332 SQUARE FEET TWO STORY ADDITION IN THE REAR AND TO REMODEL AN EXISTING 1,915 LIVABLE SQUARE FEET, TWO STORY, SINGLE-FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23415 QUAIL SUMMIT DRIVE (LOT 26, TRACT NO. 31063), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners/applicant, Richard and Carmen Romero, filed Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13 applications for a property located at 23415 Quail Summit Drive (Lot 26, Tract No. 31063), 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 November 5, 2004, 176 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 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 November 23, 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: 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 26, Tract 31063, APN 8702-005-057, addressed 23415 Quail Summit Drive, Diamond Bar, California. The project site is approximately .23 gross acres, 10,180 gross square feet and 8,000 usable square feet. It is an irregularly shaped lot with a rear slope and an existing two story single-family residence. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single- family Residence, R-1-8,000. (c) The R-1-8,000 zone and single family residential uses and school surround the site. (d) The Application is a request to construct an approximate 1,332 square feet two story addition in the rear and to remodel an existing 1,915 livable square feet, two story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. 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. E The project site, currently developed with a two story, single-family residence with a legal nonconforming front setback, 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 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, it 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 two stories in accordance with Municipal Code height standards and 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. Diamond Bar Boulevard and Quail Summit 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 two story, single- family residence. The proposed two story addition and remodel does not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (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 unchanged in the front. The two story addition is in the rear. The front's multi-levels of roof lines, the window battens, and stucco are maintained and create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. 3 By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and 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 lbw 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 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 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 pursuant to the 1970 California Environmental Quality Act (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 square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 4 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 eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 31063, Lot26, as .23 acres. The existing structure was completed under the Los Angeles County Code in 1976 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconformin i's defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, 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 structures in this tract were approved wit six feet of public right-of-way counted in the setback measurement. The front setback is 17.5 feet from the property line. Like thle other homes, the setback looks larger because the city's parkway i� behind the sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the ,Planning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. The exteriorlimits 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 (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 5 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 and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Gujidelines, 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 stated in Items (e -q), 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 stated in Item (e), the proposed use is consistent with the General Plan and any applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are corinpatible with the existing and future land uses in the vicinity. As stated in Items (eao), the design, location, size, etc., is compatible with the existing andi 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. 2 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 maintain a single-family residence. (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 per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusions 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 November 23, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The plans shall be revised for the sides and rear elevations to have the trim battens around the windows consistent with the front elevation. (c) 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 7 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 (d) The applicant shall submit a Drainage Plan to the Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. Erosion control measures shall be in place for construction started 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. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plash requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (f) The applicant shall provide temporary sanitation facilities while under construction. (g) If required by the Building Official, a construction fence shall protect the project. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (i) This single-family structure shall meet the State Energy Conservation Standards. (j) 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) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (m) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. E:3 PLANNING (n) Building setback from any slope (top or toe) shall meet the requirements of the 2001 California Building Code, Section 18. (o) Accessory structure, patio cover, shall require a separate permit. (p) 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/a inch nor more than '/z inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/z inch screen. (q) A front yard landscape/irrigation plan 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. (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 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 properly shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (s) 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 twos 9 Angeles County's Recorder's 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 ane -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (u) 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 (115) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (v) If the Department of Pish 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 Richard and Carmen Romero, 23415 Quail Summit Drive, Diamond Bar, CA 91765 and agent, Larry Casarez, 20824 Lycoming St., Diamond Bar, CA 91 �65. APPROVED AND ADOPTED THIS 23rd PAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF MOND BAR. By: Dan Nolan, Chairman 10 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 23rd day of November 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners Commissioners missio McManus, Low, Tye, V/C Tanaka, Chair Nolan None. None. None. e_0 o, Secret 11 PLANNING COMMISSION RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-38/MINOR CONDITIONAL USE PERMIT NO. 2004-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 1,332 SQUARE FEET TWO STORY ADDITION IN THE REAR AND TO REMODEL AN EXISTING 1,915 LIVABLE SQUARE FEET, TWO STORY, SINGLE-FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23415 QUAIL SUMMIT DRIVE (LOT 26, TRACT NO. 31063), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners/applicant, Richard and Carmen Romero, filed Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13 applications for a property located at 23415 Quail Summit Drive (Lot 26, Tract No. 31063), 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 November 5, 2004, 176 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 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 November 23, 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 26, Tract 31063, APN 8702-005-057, addressed 23415 Quail Summit Drive, Diamond Bar, California. The project site is approximately.23 gross acres, 10,180 gross square feet and 8,000 usable square feet. It is an irregularly shaped lot with a rear slope and an existing two story single-family residence. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single- family Residence, R-1-8,000. (c) The R-1-8,000 zone and single family residential uses and school surround the site. (d) The Application is a request to construct an approximate 1,332 square feet two story addition in the rear and to remodel an existing 1,915 livable square feet, two story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. 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. 2 M (9) The project site, currently developed with a two story, single-family residence with a legal nonconforming front setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted 3uly25, 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 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; it 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 two stories in accordance with Municipal Code height standards and is not considered an impact to the surrounding properties' view corridor. 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. Diamond Bar Boulevard and Quail Summit 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 two story, single- family residence. The proposed two story addition and remodel does not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. 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 unchanged in the front. The two story addition is in the rear. The front's multi-levels of roof lines, the window battens, and stucco are maintained and create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. 3 By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and 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. G) 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. 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. 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 pursuant to the 1970 California Environmental Quality Act (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 beconhing 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 square footage. (I) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 4 the structure becoming inconsistent with the General Plan or any applicable specific plan. (m) 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. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 31063, Lot26, as .23 acres. The existing structure was completed under the Los Angeles County Code in 1976 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconformin is defined as any parcel or structure that was legally created or gonstructed prior to the current Diamond Bar Municipal Code's adoption, 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 structures in this tract were approved with six feet of public right-of-way counted in the setback measurement. The front setback is 17.5 feet from the property line. Like thle other homes, the setback looks larger because the city's parkway is behind the sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findi gs and Minor Conditional Use Permit approval are required by the Planning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code.'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 anticipatedk (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 5 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 corpatible with the surrounding neighborhood's characteristics 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. The$e 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 stated in Items (e -p), 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 stated in Item (e), Ithe proposed use is consistent with the General Plan and any 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 (e4o), 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. 6 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 maintain a single-family residence. (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 per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusions 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 November 23, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The plans shall be revised for the sides and rear elevations to have the trim battens around the windows consistent with the front elevation. (c) 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 7 PUBLIC WORKS 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. (d) The applicant shall submit a Drainage Plan to the Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. Erosion control measures shall be in place for construction started after October I 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. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY M (g) The applicant shall provide temporary sanitation facilities while under construction. If required by the Building Official, a construction fence shall protect the project. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (i) G) (k) (I) (m) This single-family structure shall meet the State Energy Conservation Standards. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. Smoke detectors shall be provided in all sleeping rooms. The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. 8 PLANNING (n) Building setback from any slope (top or toe) shall meet the requirements of the 2001 California Building Code, Section 18. (o) Accessory structure, patio cover, shall require a separate permit. (p) 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: (q) (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 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. (s) 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 (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 '/2 inch screen. A front yard landscape/irrigation plan 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. 9 Angeles County's Recorder's 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 Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (u) 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 (115) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this gralnt. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (v) If the Department of Dish 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 play 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 Richard and Carmen Romero, 23415 Quail Summit Drive, Diamond Bar, CA 91765 and agent, Larry Casarez, 20824 Lycoming St., Diamond Bar, CA 91 1765. APPROVED AND ADOPTED THIS 23rd PAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF MOND BAR. By: /f Dan Nolan, Chairman 10 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 23rd day of November 2004, by the following vote: AYES: Commissioners: McManus, Low, Tye, V/C Tanaka, Chair Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: 11