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HomeMy WebLinkAboutPC 2005-11PLANNING COMMISSION RESOLUTION NO. 2005-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-01, MANOR VARIANCE NO. 2005-01, AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,630 SQUARE FEET WHICH INCLUDES LIVABLE AREA AND TWO DECKS WITH PATIO AREAS BELOW TO AN EXISTING TWO STORY SINGLE-FAMILY RESIDENCE WITH A LIVABLE AREA OF APPROXIMATELY 2,647 SQUARE FEET AND A 12.66 FOOT SEPARATION BETWEE14 RESIDENTIAL STRUCTURES ON ADJACENT PARCELS. THE PROJECT SITE IS LOCATED AT 24059 HIGHCREST DRIVE (LOT 4, TRACT NO. 31941), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners/applidants, Mr. and Mrs. Ranadhira Nayudu have filed an application for Development Review No. 2005-01, Minor Variance No. 2005-01 and categorical exemptio for a property located at 24059 Highcrest Drive, Diamond Bar, Los Angele County, California. Hereinafter in this Resolution, the subject Development eview, Minor Variance and categorical exemption shall be referred to as the 'hApplication." i 2. On February 25, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On Februa 23, 2005, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on February 24, 2005, the proect site was posted with a display board. 3. On March 8, 2005, thePlanning Commission of the City of Diamond Bar conducted and concluded � 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 Diamo d Bar as follows: This Planning Commission ereby specifically finds that all of the facts set forth in the Recitals, Part A, oft is Resolution are true and correct. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. The Planning Commission hereby specifically finds and determines that, having considered the recotd 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as',follows: (a) The project relates to a site located at 24069 Highcrest Drive (Lot 4, Tract No, 31941). It is a long rectangular lot, narrowing and sloping down to the rear property line. The lot is approximately .72 acres (31,398 square feet) with a buildable pad area of approximately 12,256 square feet. There is a building restricted area within the rear portion of the project site and not within the buildable pad area. The project site is developed with a two story single-family residence of approximately 2,647 square feet of livable area and a three -car garage. The site also contains a freestanding patio cover, lattice patio cover attached to the residence and two retaining walls at the rear edge of the buildable pad. The residence was constructed under Los Angeles County's jurisdiction and was finaled in June 1988. The City does not have records that indicated that the rear retaining walls and patio covers were constructed with benefit of permits. (b) The project site has a General Plan land use designation of Low Density Residential (RIL) Maximum 3 DU/AC. (c) The project site is within the Residential Planned Development - Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD - 20,000 -2U) zone. (d) Generally, the following zone surrounds the project site: to the north, south, east and west i I the RPD -20,000-2U zone. 2 (e) The Application requE story addition of app livable area and two c story single-family reE a three -car garage. separation for six line the subject residenti adjacent property to t Development Review (f) The design and layou the applicable elemf Guidelines, and devi design guidelines, (e.g., theme areas, s planned developmen st is for approval to construct a first and second roximately 2,630 square feet which includes ecks with patio areas below to an existing two idence of approximately 2,647 square feet with The Minor Variance is to allow a 12.66 foot al feet instead of the required 15 feet between 31 structure and residential structure on the ie south. of the proposed development is consistent with -its of the City's General Plan, City Design iopment standards of the applicable district, nd architectural criteria for special areas �ecific plans, community plans, boulevards or The project site is n existing lot developed with a single-family residence finaled in J ne 1988. The tract was subdivided prior to the City of Diamond Bar' incorporation. According to the tract map, the project site is approximately .72 acres (31,398 square feet). As such, it is consistent with the General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and the proposed addition to the existing residence will maintain the + integrity and not degrade this residential area. Additionally, the proposed addition will be consistent with the development standards for the RPD -20,000-2U zoning district as conditioned within this resolution. It will maintain the required: height for a residential strut ure; required side and rear yard setbacks; and not exceed the maximum allowed lot coverage. Furthermore, through the Minor Variance process as discussed below in the Minor Variance findings, the proposed project will seek a reduction in the separation distance between reidential structures on adjacent lots due to the project sites constrai ts. The proposed projec is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The existing architectural style (Mediterranean) and colors (earth tones) v till be maintained and are compatible with other residences in the surrounding neighborhood. Additionally, the existing residence wi h the proposed addition is consistent in size with other homes in the s grounding neighborhood. 3 (9) The design and layout with the use and ei development and will i of the proposed development will not interfere ijoyment of neighboring existing or future iot create traffic or pedestrian hazards. As referenced above tFinding (0, the proposed project is a single- family residence, co sistent with other single family residences established within th tract and surrounding neighborhood. The project site is large enough to accommodate the proposed addition to the existing single-family residence. Additionally, the proposed project does notthan e the current land use. As such, the proposed residence is not expe ted to interfere with the use and enjoyment of neighboring existing o future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the single-family residential use will be maintained. Additionally, Highcrest Drive adequately serves the project site and was established to handle traffic created by this type of development. (h) The architectural design of the proposed development is compatible with the character of 41e surrounding neighborhood and will maintain the harmonious, order y and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The existing residenc 's architectural style is Mediterranean. This architectural style will be maintained and the proposed addition will be consistent with this a hitectural style. Since the architectural style will not change, the residence will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan as referenced in findings (t) and (g) above. The proposed materials offer a variety of textures and the existing color palette of varying and is consistent v neighborhood. As desirable environment and colors that will r variety. Therefore, ti character of the sura harmonious, orderly Chapter 22.48.20 De Guidelines and the ( specific plan for the pr shades of earth tones will match the existing ith the other homes in the surrounding result, the proposed project will provide a with good aesthetic use of materials, textures amain aesthetically appealing while offering e proposed addition is compatible with the ending neighborhood and will maintain the nd attractive development contemplated by ,elopment Review Standards, City Design 'ity's General Plan. There is no applicable )iect area. .19 {i) The design of the pr environment for its neighbors through goy that will remain aesth adequate level of mai posed development will provide a desirable )ccupants and visiting public as well as its )d aesthetic use of materials, texture, and color etically appealing and will retain a reasonably As referenced in the above Findings (0 through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors by maintaining good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. (j) The proposed development will not be detrimental to 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 thevicinity; and Before the issuance of any City permits, the proposed project is required to comply w'th all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspectior process will ensure that the proposed project is not detrimental to th public health, safety or welfare or materially injurious to the prop rties or improvements in the vicinity. (k) The proposed proje t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15 013(e), the City has determined that the project identified above ir this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Minor Variance (I) There are special circumstances applicable to the property(e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property own rs in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Pursuant to Developrr a Minor Variance mai the distance separatic more than 20 p� Section 22.08.040 — f standards, the requir adjoining parcels is 1; -nt Code Section 22.52.020, an application for be filed and considered in order to decrease i between structures on adjacent parcels by not cent. Pursuant to Development Code ssidential zoning district general development -d minimum distance between structures on feet. The applicant is requesting to reduce the distance between structures by 2.34 feet for six lineal feet of the proposed addition. With the proposed addition to the project site, the distance between the residential structure On the adjoining parcel to the south will be 12.66 feet for six lineal feet. The distance between the remaining livable areas of the two residences with the proposed addition will vary from 15 to 21 feet. Although there will be a reduction in the distance between structures on adjoining parcels, the required side yard setback will be maintained with the proposed addition. According to Tract Map No. 31941, the width of the project site at the front property line is 90.25 feet. The width narrows at the rear property line to 48.33 feet. The project site is one of the narrowest at the front and rear property lines. Other lots are narrow at the rear property line but have wider frontages; or are narrower at the front property line but much wider at the rear property line. The lot to the south has a wider frontage than the project site but also narrows to an extreme at the rear property line, thereby causing narrower side yards than for most of the tract. As a result, the project site and the adjacent property to the south do not have as large of a side yard on one side as other residences in the tract. Therefore, six linear feet of the proposed addition will have a separation distance 12.66 and at that point, the width Of the project site is reduced by 10.25 feet. Both the project site and the residence to the south have existing windows at the side elevations that face each other. The proposed addition will also have windows. However, six lineal feet of the proposed addition wi! not have windows at the first and second floor. Therefore, it is note petted that the six lineal feet of the proposed addition will interfere with the privacy of the residence to the south. Additionally, the size of the rooms for the addition is comparable to the existing rooms(bedroom, bathrooms, etc. J and reasonable. Therefore, staff bel eves that granting the Minor Variance is appropriate for the pr posed project due to the following: The project sit is one of the narrower properties within the tract; no The area where the addition is proposed, the project site narrows by 10. 5 feet; • The separation distance of 12.66 feet is for six linear feet only; • Privacy for the property to the south will not be compromised due to fact that windows are not proposed within the six lineal feet of the addition which will maintain a 12.66 foot separation between the residences; Location of ro ms for the proposed addition makes sense without extens ve interior remodeling in relationship to the existing floor p an; The project site may be large in square footage, but has a downhill restricted use area of approximately 19.142 square feet which renders a large portion of the rear yard useless; • If the propose addition is setback 2.34 feet for six lineal feet that will cr ate odd shaped rooms on both the first and second floors; The required side yard setback will be maintained with the proposed addi ion; and • Side yard setb ck between livable areas of the two residential structures will vary for 15 to 21 feet after the first six lineal feet of the proposed addition. (m) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought; As referenced above in Item (1), granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by then property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought d e to the constraint of the project site cause by lot configuration, buil ing restricted area and topography as described in Finding (1) above. (n) Granting the Minor V riance is consistent with the General Plan and any applicable specific plan; 7 5 Due to the constraints of the project site related to the lot configuration, building restricted area and topography, granting the Minor Variance will be consistent with the General Plan. The project area does not have apecitrc plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection rocess will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed entitlement has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). Pursuant to the provisions of. the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Based on the findings anconclusions set forth above, the Planning Commission hereby appro es the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations and color /materials collectively labeled as Exhibit "A" dated March 8, 2005 as submitted and approved by the Planning Commission, and as mended herein. (b) The site shall be maintained in a condition, which 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 wner, applicant or by a duly permitted waste contractor, who has b aen authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construe ion, and industrial areas within the City. It shall be the applicant's obli ation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 3 (c) Prior to the issuance final landscapelirrigal plan shall delineate destroyed during con of Occupancy, it will t be installed. any City permits, the applicant shall submit a n plan for the City's review and -approval. Said e replacement of landscaping and irrigation ruction. Prior to final inspection or Certificate required that front yard landscaping/irrigation (d) Prior to construction, he applicant shall install temporary construction fencing pursuant tote building and Safety Division's requirements along the project peri eter. (e) Prior to the issuance of construction permits for the addition, the applicant shall obtain the appropriate construction permits for the existing two retaining walls located at the rear of the buildable pad's edge. (f) Prior to the issuance of construction for the addition, the applicant shall obtain the appropriate construction permits for the freestanding patio cover and the lattice patio cover attached to the residence and located at the north side of the project site or remove the patio covers. (g) The proposed addition shall have a separation distance of 12.66 feet for six lineal feet frorr the residential structure located to the south of the project site (h) An erosion control pIan shall be submitted concurrently with the grading plan clearly delineating erosion control measures forthe City's review and approval. These measures shall be implemented during construction between October 1 and April 15. (i) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the appl cant shall obtain the necessary NPDES permits. (j) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requi ements to the satisfaction of the City engineer. Best Management P actices (BMP's) are required to be incorporated into the project plar s for both construction and post construction activities. BMP's arE detailed in the latest edition of the California Storm Water Best M nagement Practices Handbook or BMP's Fact Sheets can be obtai ed through the Public Works Division. 9 (k) All drainage/runoff fro the subject property shall be conveyed from the site to the natural rainage course. _No on-site drainage shall be conveyed to adjacent parcels. {I) The single-family res creates adverse effe noise, odor, traffic, or environmental setting not result in signific resources. No portic commercial/institutior dwelling. The proper result in a nuisance neighborhood. dence shall not be utilized in a manner that :ts (i.e., significant levels of dust, glare/light, ether disturbances) upon the neighborhood and Additionally, the single-family residence shall intly adverse effects on public services or n of the residence shall be rented, used for al purposes, or otherwise utilized as a separate y shall not be used for regular gatherings that )r create traffic and parking problems in the (m) Prior to the issuance of any City permits, the Applicant 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 shall be completed and recorded with the Los Angeles County Recorders Office. (n) For pian check submittal, the applicant shall submit drawings and calculations prepared by a licensed arch itect/eng ineer with wet stamp and signature. (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed addition at a two - percent minimum slope. (q) Prior to the issuance Df any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval and to determine the fire zone for the project site. (r) If the project site is located within "high fire zone", the proposed project shall meet the following requirements of said zone: (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped a the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be cover;d with corrosion -resistant wire mesh not less 10 than 114 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 112 inch screen. (s) Construction planshall be engineered to meet wind loads of 80 M.P.H. with a "C" ex osure. (t) Plans shall conform to State and Local Building Code (i.e.-, 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (u) All balconies/decks s hall be designed for a 40 pound per square foot live load and hand ra Is and guardrails shall be designed for 20 pound load applied laterally at the top of the rail. Additionally, all decks/balconies shell have a 1/4 inch slope per foot and shall be constructed from water proof material. (v) All new bedrooms arid hallways leading to sleeping areas shall have hard wired smokedetectors with battery back-up. (w) Kitchen and bathroom lights shall be fluorescent. (x) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time 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 hearir g in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (0) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of 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, school fees and fees for the review of submitted reports. (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashler'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 11 project has more thaa deminimis impact on fish and wildlife, the applicant shall also p y to the Department of Fish and Game any such fee and any fine hich 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: Mr. and Mrs. Ranac hira Nayudu, 24059 Highcrest Drive, Diamond Bar, CA 91765 APPROVED AND ADOPTE THIS 8TH DAYOF MARCH 2005, BY THE PLANNING COMMISSION OF THE CITY F DIAMOND BAR. BY:,C' �Joeanus, Chairman I, Jer.rres DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of March 2005, by the following vote: AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners ABSTAIN ATTEST: Commissioners ames DeStbfa olan, Tanaka, Tye, VIC Tanaka, CIMcManus rN one one None o, Secretary 12 PLANNIN— COMMISSION RESOLUT ON NO. 2005-11 A RESOLUTION OF' THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-01, MINOR VARIANCE NO. 2005-01, AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,630 SQUARE FEET WHICH INCLUDES LIVABLE AREA AND TWO DECKS WITH PATIO AREAS BELOW TO AN EXISTING TWO STORY SINGLE-FAMILY RESIDENCE WITH A LIVABLE AREA OF APPROXIMATELY 2,647 SQUARE FEET AND A 12.66 FOOT SEPARATION BETWEEN RESIDENTIAL STRUCTURES ON ADJACENT PARCELS. HE PROJECT SITE IS LOCATED AT 24059 HIGHCREST DRIVE (LOT 4, TRACT NO. 31941), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owners/applidants, Mr. and Mrs. Ranadhira Nayudu have filed an application for Development Review No. 2005-01, Minor Variance No. 2005-01 and categorical exemptio for a property located at 24059 Highcrest Drive, Diamond Bar, Los Angele County, California. Hereinafter in this Resolution, the subject Development eview, Minor Variance and categorical exemption shall be referred to as the 'iApplication." On February 25, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley DailV Bulletin newspapers. On Februa 23, 2005, public hearing notices were mailed to approximately 32 property, owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on February 24, 2005, the prdject site was posted with a display board. On March 8, 2005, the tanning Commission of the City of Diamond Bar conducted and concluded duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is fou Commission of the City of Diamo id, determined and resolved by the Planning d Bar as follows: This Planning Commission in the Recitals, Part A, of t hereby specifically finds that all of the facts set forth its Resolution are true and correct. 1 The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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. Based on the findings and! conclusions set forth herein, this Planning Commission hereby finds aslfollows: (a) The project relates to a site located at 24059 Highcrest Drive (Lot 4, Tract No. 31941). It is a long rectangular lot, narrowing and sloping down to the rear property line. The lot is approximately .72 acres (31.398 square feet) with a buildable pad area of approximately 12,256 square feet. There is a building restricted area within the rear portion of the project site and not within the buildable pad area. The project site is developed with a two story single-family residence of approximately 2,647 square feet of livable area and a three -car garage. The site also contains a freestanding patio cover, lattice patio cover attached to the residence and two retaining walls at the rear edge of the buildable pad. The residence was constructed under Los Angeles County's jurisdiction and was finaled in June 1988. The City does not have records that indicated that the rear retaining walls and patio covers were constructed with benefit of permits. (b) The project site has a General Plan land use designation of Low Density Residential (R -) Maximum 3 DU/AC. (c) The project site is wi Minimum Lot Size 20 20,000-2U)zone. hin the Residential Planned Development - 000 Square Feet -2 Units Per Acre (RPD (d) Generally, the followin zone surrounds the project site: to the north, south, east and west i the RPD -20,000-2U zone. 2 (e) The Application request is for approval to construct a first and second story addition of approximately 2,630 square feet which includes livable area and two decks with patio areas below to an existing two story single-family residence of approximately 2,647 square feet with a three -car garage. The Minor Variance is to allow a 12.66 foot separation for six lineal feet instead of the required 15 feet between the subject residents I structure and residential structure on the adjacent property tote south. Development Review M The design and Iayou the applicable elem( Guidelines, and dew design guidelines, ; (e.g., theme areas, s planned developmen of the proposed development is consistent with nts of the City's General Plan, City Design Iopment standards of the applicable district, find architectural criteria for special areas )ecific plans, community plans, boulevards or S). The project site is s residence finaled in J City of Diamond Bar': n existing lot developed with a single-family mne 1988. The tract was subdivided prior to the incorporation. According to the tract map, the project site is approximately. 72 acres (31,398 square feet). As such, it is consistent with the General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and the proposed addition to the existing residence will maintain the + integr ty and not degrade this residential area. Additionally, the proposed addition will be consistent with the development stands ds for the RPD -20,000-2U zoning district as conditioned within this resolution. It will maintain the required: height for a residential struc ure; required side and rear yard setbacks; and not exceed the maximum allowed lot coverage. Furthermore, through the Minor Variance process as discussed below in the Minor Variance findings, the propose project will seek a reduction in the separation distance between residential structures on adjacent lots due to the project sites constraints. The proposed projec is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The e fisting architectural style (Mediterranean) and colors (earth tones) will be maintained and are compatible with other residences in the surrounding neighborhood. Additionally, the existing residence with the proposed addition is consistent in size with other homes in the s grounding neighborhood. (g) The design and layout with the use and e development and will i of the proposed development will not interfere ijoyment of neighboring existing or future iot create traffic or pedestrian hazards. As referenced above i Finding (t), the proposed project is a single - family residence, cc sistent with other single family residences established within th tract and surrounding neighborhood. The project site is large enough to accommodate the proposed addition to the existing single-fahnily residence. Additionally, the proposed project does not change the current land use. As such, the proposed residence is not expeted to interfere with the use and enjoyment of neighboring existing ojt future development. The proposed residence is not expected to cre to traffic or pedestrian hazards due to that fact that the single -family r sidential use will be maintained. Additionally, Highcrest Drive ade uately serves the project site and was established to handle traffic created by this type of development. (h) The architectural design of the proposed development is compatible with the character of to surrounding neighborhood and will maintain the harmonious, order y and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's 3eneral Plan, or any applicable specific plan. The existing residenc architectural style will consistent with this a will not change, the re the surrounding neig orderly and attr Chapter 22.48.20. Guidelines, the City's (g) above. 's architectural style is Mediterranean. This e maintained and the proposed addition will be ;hitectural style. Since the architectural style idence will be compatible with the character of borhood and will maintain the harmonious, ,ctive development contemplated by 9velopment Review Standards, City Design 3eneral Plan as referenced in findings (f) and The proposed materials offer a variety of textures and the existing color palette of varyin shades of earth tones will match the existing and is consistent with the other homes in the surrounding neighborhood. As result, the proposed project will provide a desirable environmen with good aesthetic use of materials, textures and colors that will main aesthetically appealing while offering variety. Therefore, t e proposed addition is compatible with the character of the surr unding neighborhood and will maintain the harmonious, orderly nd attractive development contemplated by Chapter 22.48.20 De elopment Review Standards, City Design Guidelines and the City's General Plan. There is no applicable specific plan for the p oject area. 4 (i) a) The design of the pl environment for its neighbors through go that will remain aestt adequate level of ma use of materials, te, appealing while offer and stone accent an posed development will provide a desirable ccupants and visiting public as well as its d aesthetic use of materials, texture, and color etically appealing and will retain a reasonably ntenance. As referenced in the above Findings (f) through (h), the proposed project will provide desirable environment for its occupants and visiting public as well as its neighbors by maintaining good aesthetic The proposed develc safety or welfare or property values or improvements in the Before the issuance required to comply w and the Building and Department require permit and inspectio not detrimental to th injurious to the prop ture and color that will remain aesthetically g variety in color and texture related to stucco a low level of maintenance. c pment will not be detrimental to public health, materially injurious (e.g., negative affect on resale(s) of property) to the properties or iicinity; and of any City permits, the proposed project is ith all conditions within the approved resolution Safety Division, Public Works Division, and Fire vents. The referenced agencies through the process will ensure that the proposed project is public health, safety or welfare or materially dies or improvements in the vicinity. (k) The proposed proje provisions of the Cal t has been reviewed in compliance with the fornia Environmental Quality Act (CEQA); Pursuant to the provi ions of the California Environmental Quality Act (CEQA), Section 15 013(e), the City has determined that the project identified above i this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Minor Variance (I) There are spe property(e.g., locatic other conditions), Development Code other property own districts or creates ai unreasonable reguL require compliance ial circumstances applicable to the i, shape, size, surroundings, topography, or o that the strict application of the City's enies the property owner privileges enjoyed by rs in the vicinity and under identical zoning unnecessary and non -self created, hardship or tion which makes it obviously impractical to 'ith the development standards; 5 Pursuant to Develo&, nt Code Section 22.52.020, an application for a Minor Variance ma be filed and considered in order to decrease the distance separatioi between structures on adjacent parcels by not more than 20 percent. Pursuant to Development Code Section 22.08.040 - Residential zoning district general development standards, the required minimum distance between structures on adjoining parcels is 1$ feet. The applicant is reque by 2.34 feet for six li proposed addition to residential structure o feet for six lineal feet. areas of the two resid 15 to 21 feet. Alth between structures setback will be maint According to Tract Me front property line is property line to 48.33 the front and rear prc property line but hav property line but muc sting to reduce the distance between structures seal feet of the proposed addition. With the the project site, the distance between the i the adjoining parcel to the south will be 12.66 The distance between the remaining livable ?nces with the proposed addition will vary from ugh there will be a reduction in the distance n adjoining parcels, the required side yard fined with the proposed addition. p No. 31941, the width of the project site at the 90.25 feet. The width narrows at the rear feet. The project site is one of the narrowest at perry lines. Other lots are narrow at the rear wider frontages; or are narrower at the front i wider at the rear property line. The lot to the e south has a wider frontage than the project site but also narrows to an extreme at the rear pr perry line, thereby causing narrower side yards than for most of the tract. As a result, the project site and the adjacent property to f e south do not have as large of a side yard on one side as other resi fences in the tract. Therefore, six linear feet of the proposed addition will have a separation distance 12.66 and at that point, the width of the project site is reduced by 10.25 feet. Both the project site and the residence to the south have existing windows at the side /evations that face each other. The proposed addition will also ha e windows. However, six lineal feet of the proposed addition wil not have windows at the first and second floor. Therefore, it is note petted that the six lineal feet of the proposed addition will interfere with the privacy of the residence to the south. Additionally, the size of the rooms for the addition is comparable to the existing rooms edroom, bathrooms, etc.,) and reasonable. Therefore, staff bel eves that granting the Minor Variance is appropriate for the pr posed project due to the following: The project sit is one of the narrower properties within the tract; 6 The area wher narrows by 10. (m) the addition is proposed, the project site 5 feet; The separatior distance of 12.66 feet is for six linear feet only; Privacy for the property to the south will not be compromised due to fact tha windows are not proposed within the six lineal feet of the addition which will maintain a 12.66 foot separation be een the residences; Location of rooms for the proposed addition makes sense without extens ve interior remodeling in relationship to the existing floor p an; The project site may be large in square footage, but has a downhill restri ted use area of approximately 19.142 square feet which renders a large portion of the rear yard useless; If the proposed addition is setback 2.34 feet for six lineal feet that will cr ate odd shaped rooms on both the first and second floors; The required side yard setback will be maintained with the proposed addiion; and Side yard setback between livable areas of the two residential structures will vary for 15 to 21 feet after the first six lineal feet of the proposed addition. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought; As referenced above in Item (I), granting the Minor Variance is necessary for the pre ervation and enjoyment of substantial property rights possessed by Cher property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought due to the constraint of the project site cause by lot configuration, building restricted area and topography as described in Finding (I) above. (n) Granting the Minor V riance is consistent with the General Plan and any applicable specific plan; 7 (0) Due to the constrai configuration, building Minor Variance will be area does not have a The proposed entitle interest, health, safety cts of the project site related to the lot restricted area and topography, granting the consistent with the General Plan. The project specific plan. nent would not be detrimental to the public , convenience, or welfare of the City; and Before the issuance Of any City permits, the proposed project is required to comply wi h all conditions within the approved resolution 5. (p) Based on the findings ani Commission hereby appro conditions: afety Division, Public Works Division, and Fire nts. The referenced agencies through the rocess will ensure that the proposed project is public health, safety or welfare or materially es or improvements in the vicinity. ent has been reviewed in compliance with the 'rnia Environmental Quality Act (CEQA). 1(e), the City has determined that the project 0 this Resolution is categorically exempt. gorical exemption reflects the independent conclusions set forth above, the Planning es the Application subject to the following (a) The project shall substantially conform to site plan, floor plan, elevations and color /materials collectively labeled as Exhibit "A" dated March 8, 2005 as submitted and approved by the Planning Commission, and as mended herein. (b) The site shall be mai both during and after the entitlement grant refuse, whether durin only by the property contractor, who has b transportation, and commercial, construc be the applicant's obli has obtained permits services. and the Building and E Department requirem permit and inspection, not detrimental to the injurious to the proper The proposed entitlen provisions of the Calif Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 153 identified above in Furthermore, the cat judgment of the City c f Diamond Bar. ntained in a condition, which is free of debris he construction, addition, or implementation of d herein. The removal of all trash, debris, and 0 or subsequent to construction shall be done 'caner, applicant or by a duly permitted waste 'en authorized by the City to provide collection, disposal of solid waste from residential, ion, and industrial areas within the City. It shall ation to insure that the waste contractor utilized from the City of Diamond Bar to provide such 8 (c) (d) plan shall delineate destroyed during con of Occupancy, it will t be installed. Prior to the issuance Of any City permits, the applicant shall submit a final landscape/irrigat on plan for the City's review and approval. Said Prior to construction, fencing pursuant to tl along the project peri (e) Prior to the issuance applicant shall obtaii existing two retaining edge. (f) Prior to the issuance shall obtain the apprc patio cover and the le located at the north si (g) The proposed additi for six lineal feet froi the project site (h) An erosion control grading plan clearlyd review and approval. construction between (i) Before the issuance erosion control plan 1 control plan shall con System (NPDES) sty Management Practi Additionally, the appl Q) Applicant shall comF Plan (SUSMP) requi Best Management P into the project plar activities. BMP's are Storm Water Best M Sheets can be obtaii he replacement of landscaping and irrigation truction. Prior to final inspection or Certificate e required that front yard landscaping/irrigation he applicant shall install temporary construction ie building and Safety Division's requirements -neter. of construction permits for the addition, the the appropriate construction permits for the walls located at the rear of the buildable pad's of construction for the addition, the applicant priate construction permits for the freestanding ttice patio cover attached to the residence and le of the project site or remove the patio covers. n shall have a separation distance of 12.66 feet the residential structure located to the south of Ian shall be submitted concurrently with the 31ineating erosion control measures forthe City's These measures shall be implemented during October 1 and April 15. f any City permits, the applicant shall submit an or the City's review and approval. The erosion form to National Pollutant Discharge Elimination 3ndards and incorporate the appropriate Best ;es (BMP's) during and after construction. cant shall obtain the necessary NPDES permits. 0 ly with Standard Urban Storm Water Mitigation ements to the satisfaction of the City engineer. actices (BMP's) are required to be incorporated s for both construction and post construction detailed in the latest edition of the California 3nagement Practices Handbook or BMP's Fact ied through the Public Works Division. (k) All drainage/runoff fro the site to the natural conveyed to adjacent (I) (m) -n the subject property shall be conveyed from irainage course. No on-site drainage shall be parcels. The single-family res deuce shall not be utilized in a manner that creates adverse effe is (i.e., significant levels of dust, glare/light, noise, odor, traffic, or ther disturbances) upon the neighborhood and environmental setting Additionally, the single-family residence shall not result in signific ntly adverse effects on public services or resources. No porti n of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The prope y shall not be used for regular gatherings that result in a nuisance r create traffic and parking problems in the neighborhood. Prior to the issuance Of any City permits, the Applicant shall complete and record a "Coven nt and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and re orded with the Los Angeles County Recorders Office. (n) For plan check submittal, the applicant shall submit drawings and calculations prepared by a licensed arch itect/eng ineer with wet stamp and signature. (o) The proposed residence shall comply with the State Energy Conservation Stands ds. (p) Surface water shall d(ain away from the proposed addition at a two percent minimum slo (q) Prior to the issuance submit construction p for review and appro-Y site. (r) If the project site is located within "high fire zone", the proposed project shall meet th shall be cover e. pf any construction permits, the applicant shall ans to the Los Angeles County Fire Department al and to determine the fire zone for the project following requirements of said zone: g shall be "Fire Retardant." Tile roof shall be the eaves to preclude entry of the flame or r the fire. under -floor areas shall be constructed as (3) All openings into the attic, floor and/or other enclosed areas exterior walls. (2) All unenclose members and fire stopped a (1) All roof coveri d with corrosion -resistant wire mesh not less 10 than 1 /4 inch c such opening: (4) Chimneys sh screen. (s) Construction plans M.P.H. with a "C" ex (t) Plans shall conform Uniform Building Cc( Code, and the 2001 (u) All balconies/decks live load and hand ra load applied latera decks/balconies shE constructed from wa (v) All new bedrooms a hard wired smoke d (w) (x) (Y) Kitchen and bathroo r more than 1/2 inch in dimension except where are equipped with sash or door. ill have spark arrests of maximum 1/2 inch hall be engineered to meet wind loads of 80 osure. to State and Local Building Code (i.e.-, 2001 e, Uniform Plumbing Code, Uniform Mechanical National Electrical Code) requirements. hall be designed for a 40 pound per square foot Is and guardrails shall be designed for 20 pound ly at the top of the rail. Additionally, all II have a 1/4 inch slope per foot and shall be :er proof material. d hallways leading to sleeping areas shall have tectors with battery back-up. lights shall be fluorescent. This grant is vafd for two years and shall be exercised (i.e., construction st rted) within that period or this grant shall expire. A one-year extensio of time may be approved when submitted to the City in writing at le st 60 days prior to the expiration date. The Planning Commissi n will consider the extension request at a duly noticed public heari g in accordance with Chapter 22.72 of the City of Diamond Bar Devel pment Code. This grant shall not and owner of the pr( filed, within fifteen Diamond Bar Comr their affidavit stating conditions of this gri the permittee pays fees for the review c be effective for any purpose until the permittee perry involved (if other than the permittee) have 60) days of approval of this grant, at the City of nunity and Development Services Department, that they are aware of and agree to accept all the mt. Further, this grant shall not be effective until emaining City processing fees, school fees and f submitted reports. (z) If the Department of Fish and Game determines that Fish and Game Code Section 711 applies to the approval of this project, then the applicant shall re it to the City, within five days of this grant's approval, a cashier' check of $25.00 for a documentary handling fee in connection with F sh and Game Code requirements. Furthermore, if this project is not xempt from a filing fee imposed because the 11 project has more tha a deminimis impact on fish and wildlife, the applicant shall also p y 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 c rtified copy of this Resolution, by certified mail, to: Mr. and Mrs. Rana hira Nayudu, 24059 Highcrest Drive, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 8TH DAYOF MARCH 2005, BY THE PLANNING COMMISSION OF THE CITY F DIAMOND BAR. I, 32rn4s DeStefano, Planning Commissio Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting Of the Planning Commission held on the 8th day of March 2005, by the following vote: AYES: Commissioners: clan, Tanaka, Tye, V/C Tanaka, C/McManus NOES: Commissioners: one ABSENT: Commissioners: one ABSTAIN: Commissioners: one Cam, /"1 12