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HomeMy WebLinkAboutPC 2005-03PLANNING COMMISSION RESOLUTION NO. 2005-03 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004- 42 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 860 SQUARE FEET ADDITION AT THE REAR AND TO REMODEL THE EXISTING 1,280 LIVABLE SQUARE FEET, ONE STORY, SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 21238 BRONCO LANE (LOT 27, TRACT NO. 25985), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Michael Shackelford, and applicant, Susan Raskulinecz, have filed Development Review No. 2004-42 application for a property located at 21238 Bronco Lane (Lot 27, Tract No. 25985), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On January 24, 2005, 59 property owners within the project's 500 -foot radius were mailed a public hearing notice. On January 25, 2005, three other locations within the application's vicinity were posted. On January 28, 2005, 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 February 8, 2005, 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 27, Tract 25985, APN 8285-025-027, and addressed 21238 Bronco Lane, Diamond Bar, California. The project site is approximately .17 gross acres, 7,590 gross/usable square feet. It is a rectangular shaped lot with the existing one story single family residence approved and completed in 1963. (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 and single family residential uses surround the site. (d) The Application requests an approximate 860 square feet addition at the rear and to remodel the existing 1,280 livable square feet, one story single family residence with a two car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a one story, single family residence was established before the adoption of the City's General Plan and current Municipal Code. The 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 K 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. (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. Pathfinder Road and Evergreen Springs 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 one story, single family residence. The proposed addition and remodel does not change the existing single family use. The Application maintains the existing style 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 retained in the front. The rear addition's large expanse of windows and patio doors allows the feeling of openness to the back yard recreation amenities. The windows, roofing, and stucco add texture and contrast that gives variety and low maintenance levels. The application's architectural style and palette are compatible with the other homes in 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 is aesthetically appealing. 191 The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections, soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 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 February 8, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. CI PUBLIC WORKS (c) 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. (d) If more than 50 cubic yards of grading will be performed, a grading plan and geotechnical report shall be submitted to 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. (f) Existing vines and plans shall not encroach into sidewalk access. BUILDING AND SAFETY (g) A licensed project architect or Structural Engineer shall provide justification for the proximity of the new addition to the existing pool. The existing pool was not designed for any footing surcharge. (h) The applicant shall provide temporary sanitation facilities during construction. (i) If required by the Building Official, a construction fence shall protect the project. (j) The single family structure shall meet the 2001 California Building Code including smoke detectors and rescue window requirements. (k) This single family structure shall meet the State Energy Conservation Standards. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. 61 PLANNING (n) Prior to Building and Safety plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. (o) The single family structure requires Fire Department approval and is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant." Tile 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 Y4 inch nor more than 1/ inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/ inch screen. (p) The existing spa in the corner of the lot shall be removed prior to Building Permit issuance. (q) This approval process shall not incorporate the fountain sketched on the west elevation, sheet A-5. (r) 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. (s) 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. (t) The owners shall complete and record a "Covenant and Agreement C:1 to Maintain a Single family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (u) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval 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. (v) This approval shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed their affidavit stating that they are aware and agree to accept all the conditions of this grant, within fifteen (15) days of this approval, with the City of Diamond Bar Community and Development Services Department. Further, this approval shall not be effective until the permittee pays remaining City processing fees. (w) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this 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 Michael Shackelford, 21238 Bronco Lane, Diamond Bar, CA 91765, and Susan Raskulinecz, 20 Kendall Place, Foothill Ranch, CA 92610. rA APPROVED AND ADOPTED THIS 8th DAY OF FEBRUARY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Jack Tanaka, Vice Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8th day of February 2005, by the following vote: AYES: Commissioners NOES: Commissioner ABSENT: Commissioner ABSTAIN: Commissioner ATTEST: Tye, McManus, Low, V/C Tanaka None Chair Nolan None James DeStefano, Secretary IQ