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HomeMy WebLinkAboutPC 2005-13PLANNING COMMISSION RESOLUTION NO. 2005-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-03, MINOR CONDITIONAL USE PERMIT NO. 2005-03, AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A ONE STORY ADDITION OF APPROXIMATELY 1,160 SQUARE FEET OF LIVABLE AREA TO AN EXISTING ONE STORY SINGLE- FAMILY RESIDENCE WITH APPROXIMATELY 1,288 SQUARE FEET OF LIVABLE AREA WITH A TWO CAR GARAGE. THE MINOR CONDITIONAL U E PERMIT APPROVAL WILL ALLOW EXISTING LEGAL N NCONFORMING SETBACKS AND SEPARATION BETWEEN RESIDENTIAL STRUCTURES ON ADJOINING PROPERTIES TO REMAIN. THE PROJECT SITE IS LOCATED AT 2611 CROOKED CREEK DRIVE (LOT 44, TRACT NO. 25990), DIAMOND BIER, CALIFORNIA. A. RECITALS The property owners, Mr. and Mrs. Timothy Keck and applicant, Mr. Mike Mo, have filed an application for Development Review No. 2005-03, Minor Conditional Use Permit No. 2005-03 and categorical exemption for a property located at 2611 Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On March 4, 2005, public hearing notices were mailed to approximately 71 property owners within a 500 -foot radius of the project site and the public notice was posted in three 'public places. Furthermore, on March 10, 2005, the project site was posted with a display board. On March 11, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 22, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded is 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. This 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 finds that the project identified above in this Resolution is categori ally exempt pursuant to Section 15301(e) of the California Environmental Qi thereunder. Furthermore, the judgment of the City of Dian ality Act (CEQA) and guidelines promulgated categorical exemption reflects the independent and Bar. 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 h reby 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 2611 Crooked Creek Drive (Lot 44, Tract No, 251990). It is a rectangular lot of approximately 7,564 square feet. It is developed with a one story single-family residence, constructed in 1963 with approximately 1,288 square feet of livable area and 6 two -car garage. The site also contains a swimming pool and patio cover within the rear portion of the project site. The swimming pool is under construction with the benefit of a construction permit. Additionally, if the proposed addition is approved, the patio cover will be removed. (b) The project site has a General Plan land use designation of Low Medium Density Residential (RLM) Maximum 5 DU/AC- (c) The project site is within the Single -Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone. (d) Generally, the following zones and use surround the project site: to the north are the R-1 7,500 zone and the Brea Canyon Channel; to the south and east is the R-1-7,500 zone; and to the west is the Restricted Business ('C-1) zone. (e) The Application request is for approval to construct a one story addition of approxim tely 1,160 square feet of livable area to an existing one story single-family residence of approximately 1,288 square feet of livable area with a two -car garage. The request also includes approval of a Minor Conditional Use Permit in order to maintain the following legal non -conforming setbacks: five feet for the proposed addition instead of the required five and ten foot side yard setbacks; and separation of 12.5 and 14 feet between residences on adjoining parcels instead of the required 15 feet. 2 Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The project site is an existing lot developed with a single-family residence in 1963 pq,or to the City of Diamond Bar's incorporation. According to the tract map, the project site is approximately 7,564 square feet. As such!, it is consistent with the General Plan land use designation of Low Medium Density Residential (RML) Maximum 5 DU/AC and the proposed addition to the existing residence will maintain the integr�ty and not degrade this residential area. Additionally and as cjonditioned within this resolution, the proposed addition is consistent with the development standards for the RLM zoning district whichl, apply to the R-1-7,500 zone district for this project. The proposed addi�ion will maintain the required height for a residential structure and not exceed the maximum allowed lot coverage. Furthermore, through the Minor Conditional Use Permit process for legal nonconforming setbacks as discussed below in the Minor Conditional Use Permit findings, the proposed project will seek to maintain the existing side yard setbacks and existing separation between structures on adjoining parcels. The proposed project is consistent with the City's Design Guidelines related to mat ntaininc the integrity of residential neighborhoods and open space. The e fisting architectural style (Contemporary) and colors (earth tones) vi ill be maintained and are compatible with other residences in the surrounding neighborhood. Additionally, the existing residence with the proposed addition is comparable in size with other homes in the surrounding neighborhood. (g) ' 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. As referenced above n finding (t), the proposed project is an addition to a single-family resi ence. Residences in the neighborhood range from 1, 280 to 2,429 sz luare feet of livable area. The subject residence has 9,288 square fee of livable area. With the proposed addition of 1, 960 square feet, thE subject residence will be approximately 2,448 3 square feet of livable proposed addition w homes within the neic rea. Therefore, the subject residence with the be comparable in square footage to other The project site is large enough to accommodate the proposed addition to the existing single-family residence. Additionally, the proposed project does not change the current land use. As such, the existing residence with the proposed addition is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed addition is not expected to create traffic or pedestrian hazards due to that fact that the single-family residential use will be maintained. Additionally, Crooked Creek 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 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, or any applicable specific plan. The existing architectural style is typical 9960's Contemporary and will remain. However, modifications are proposed such as removing the existing wood siding on the front fagade and replacing if with stucco and stone veneer accent, re -roofing, reducing the number of posts at the front entry and changing the material and colors. The following materials and colors are proposed: Roof GAF Mai Blend erial Corp., Grand Sequoia Shingles — Weather Wood Stucco La HabrE Stucco — X-278/Trabuco — dark tan Trim La HabrE Stucco — X-89/0atmeal — off-white Stone Veneer Wainsco — 2 ft. high on front fagade and entire chimney - light tan blend Proposed colors and materials and alterations to the front facade are compatible with other homes within the surrounding neighborhood. Since the architectural style will not change and the addition will be compatible with the surrounding character of the neighborhood, the existing residence with the proposed addition will be 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 (0 and (g) above. There is no applicable specific plan for the project area. 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 IH that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (f) through (h), the proposed project will provide 6 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 devel pment 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 the icinity; 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 process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed projet has been reviewed in compliance with the provisions of the Cali ornia Environmental Quality Act (CEQA). Pursuant to the provi ions of the California Environmental QualityAct (CEQA), Section 153 1(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. 'OR CONDITIONA (i) The proposed use is applicable provisions Code. As stated in Findings an existing single -fan zoning district and cc standards for that zor side yard setbacks an adjacent properties. 7 separation between rE be allowed with the ap Use Permit process. IT lowed within the subject zoning district with the of the Development Code and the Municipal ), (g) and (h) above, the proposed addition to y residence is allowed within the R-1-7,500 relies with all applicable Development Code tg district except for the legal nonconforming separation between residential structures on e existing legal nonconforming setbacks and idential structures on adjacent properties can ropriate findings through the Minor Conditional 5 Pursuant to Develop ent Code Section 22.68.030 (a) and (b) — Restrictions on Non onforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulation (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exteriorlimits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure). However, if the existing side yard set ack is less than five feet, the exterior limits of new construction shall maintain a minimum five foot side yard setback. Pursuant to Table 24 of Development Code Section 22.08.040, the required side yard setbacks for the RLM zoning district are five and ten feet with a 15 foo separation between residential structures on adjoining properties. The existing residence at the project site has side yard setbacks of five feet with a 12.5 and 14 foot separation between residential structures on adjoining properties. The side yard setbacks which were legal under Los Angeles County's jurisdiction, when the residence Was constructed, are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation between residential structures on adjoining properties. The propo ed addition will maintain the existing side yard setbacks and existing separation between residential structures on adjoining properties. it will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in t e RLM zoning district. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The five foot side yard setback occurs most frequently in this neighborhood and the proposed addition will still maintain the required minimum and existing legal nonconforming five foot side yard setback as specified in Development Code Section 22.68.030 — Restrictions on NonconformingStructures; (2) The existi, residential with the orc legal nonconforming separation between tures on adjoining properties will be maintained E?d addition. (3) Residences range from 9,280 to 2,429 square feet. The project site is developed with one of smallest residence (9, 288 square feet) in the neighborhood. Even with the proposed addition, the residence will still be comparable in square footage to others in the neighborhood. (4) The propose project is consistent with the General Plan because it is compatible with the prevailing character of the surrounding n ighborhood with regard to setbacks, separation between rest ntial structures on adjoining parcels, height, lot coverage, arc itectural style, colors and materials. (5) Considering the width of the project site and the placement of the residence on the site, a one story addition could only occur within the rear portion of the project site. A second story addition could be considered but due to the project site's width and existing setbacks, a second story addition would not relate in scale to the project site or adjacent residences. (6) By maintaining the existing setbacks and separation between residential structures on adjoining lots which is consistent with the rest of the neighborhood and keeping the proposed addition in scale with the project site and the rest of the neighborhood, the proposed project will increase the value of the subject residence and other residences in the neighborhood.' (m) The proposed usei consistent with the General Plan and any applicable specific pi n; As stated in Finding ( above, the proposed addition is consistent with the General Plan and there is no applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are corripatible with the existing and future land uses in the vicinity; As stated in Findings , (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity,- (o) icinity;(o) The subject site is phy ically suitable for the type and density/intensity of use being propo ed including access, provision of utilities, 7 compatibility with adjoining land uses, and the absence of physical constraints; As stated in Findings (f), (g, (h), (i) and (1) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) Granting the Minor C the public interest, h improvements in the located; and Soils report, Fire Dep plan check, City perms These processes will detrimental to the pubs property, or improvem the property is locatec nditional Use Permit will not be detrimental to alth, safety, injurious to persons, property, or cinity and zoning district in which the property is rtment requirements and approval, structural and inspections are required for construction. ensure that the finished project will not be c interest, health, safety, injurious to persons, ants in the vicinity and zoning district in which (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 153 1(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 o Diamond Bar. NONCONFORMING The proposed addition will not result in the structure becoming. (r) Incompatible with other structures in the neighborhood. Residences in the nei hborhood range from 1,280 to 2,429 square feet of livable area. The subject residence has 1,288 square feet of livable area. With the proposed addition of 1,160 square feet, the subject residence will be approximately 2,448 square feet of livable area. Therefore, the s bject residence with the proposed addition will be comparable in s care footage to other homes within the neighborhood. The existing architectural style is typical 1960's Contemporary and will remain. However, modifications are proposed such as removing the existing wood siding o the front facade and replacing it with stucco and stone veneer accent, re -roofing, reducing the number of posts at 0 the front entry and ch raging the material and colors. Fven with these minor modifications, the existing single-family residence with the proposed addition w 11 be compatible with other residences in the neighborhood. The existing residen a at the project site has side yard setbacks of five feet with a 12.5 and 14 foot separation between residential structures on adjoining properties. The side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was const r cted are now considered legal nonconforming. Additionally, Los Ang les County did not have a required separation between residential structures on adjoining properties. The proposed addition will maintain the existing side yard setbacks and existing separation between residential structures on adjoining properties. It will also follow the de velopment line of the existing residence and will not exceed the maximum height or lot coverage allowed in the RLM zoning district. By maintaining the existing setbacks and separation between residential tructures on adjoining lots which is consistent with the rest of the neighborhood and keeping the proposed addition in scale with the project site and the rest of the neighborhood, the proposed project will ir7crease the value of the subject residence and other residences in th neighborhood. Therefore, the existing single- family residence with the proposed addition is compatible with the prevailing character of the surrounding neighborhood with regard to setbacks, separation between residential structures on adjoining parcels, height, lot co erage, architectural style, colors and materials and will not result in in ompatibility with other single-family residences in the neighborhood. (s) Inconsistent with the �eneral Plan or any applicable specific plan. The project site is a existing lot developed with a single-family residence in 1963 prior to the City of Diamond Bar's incorporation. According to the tract map, the project site is approximately 7,564 square feet. As such, it is consistent with the General Plan land use designation of Low M dium Density Residential (RML) Maximum 5 DU/AC and the proposed addition to the existing residence will maintain the integrity and not degrade this residential area. Additionally and as conditioned within this resolution, the proposed addition is consistent with the development standards for the RLM zoning district which pply to the R-1-7,500 zone district for this project. (t) A restriction to the leventuai/future compliance with applicable regulations of this De lopment Code. E Approval of the Min continuation of a le result in restricting & Development Code findings (I) and (r) al Conditional Use Permit, which will permit the it nonconforming side yard setbacks will not re compliance with the applicable Diamond Bar gulations due to specific issues addressed in �u) Detrimental to the health, safety and general welfare of persons residing in the neighb rhood. Based on finding mentioned above and conditions of approval, the proposed addition a d other minor improvements will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. Based on findings me tioned above and conditions of approval, the proposed addition and other minor improvements will not be detrimental and/or injurious to property and improvements in the neighborhood. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approv s the Application subject to the following conditions: (a) The project shall su stantially conform to site plan, floor plan, elevations and colorsi materials collectively labeled as Exhibit "A" dated March 22, 2005 as submitted and approved by the Planning Commission, and as a ended 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 grantec 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 a duly permitted waste contractor, who has be n 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 oblig tion to insure that the waste contractor utilized has obtained permits fi m the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate the replacement of landscaping and irrigation destroyed during construction. Prior to final inspection or Certificate 10 of Occupancy, front yard landscaping/irrigation destroyed during construction shall be replaced. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project perimeter. (e) Wet bar in master bedroom shall not contain any kitchen facilities (i.e., cooking stove with or without an oven; kitchen sink, cabinets and appurtenant plumbing; convection ovens; and all appurtenances related to a kitchen.) (f) The proposed additic n shall maintain a minimum side yard setback of five feet and a minimum separation distance between residential structures on adjoining properties of 14 feet to the north and 12.5 feet to the south. (g) Prior to the issuance Of any City permits, the applicant shall submit an erosion control plan. Erosion control measures shall be in place for construction starting after October 1 through April 15. (h) Before the issuance f 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 applicant shall obtain the necessary NPDES permits. (i) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans 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 obtained through the Public Works Division. (j) Prior to the issuance of any City permits, the applicant shall submit a drainage plan for the City's review and approval. All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. Surface water shall drain away from the building at a two percent minimum slope. (k) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or 11 resources. No portic commercial/institution dwelling. The properl result in a nuisance neighborhood. {I) Prior to the issuance c and record a "Covens Residence" on a form be completed and rec Office. (m) For plan check subrr calculations prepared and signature. (n) The proposed resid Conservation Standai 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 any City permits, the Applicant shall complete t and Agreement to Maintain a Single -Family D be provided by the City. The covenant shall rded with the Los Angeles County Recorders tal, the applicant shall submit drawings and y a licensed architect/engineer with wet stamp ice shall comply with the State Energy S. (o) Prior to the issuance of 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. (p) If the project site is I cated within "high fire zone", the proposed project shall meet the following requirements of said zone: (1) All roof coverin shall be "Fire Retardant." Tile roof shall be fire stopped at 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 covered with corrosion -resistant wire mesh not less than 114 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shat have spark arrests of maximum 112 inch screen. (q) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C exposure. (r) 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. 2 (s) All new bedrooms a hard wired smoke d hallways leading to sleeping areas shall have ctors with battery back-up. (t) If required by the Building Official, kitchen and bathroom lights shall be fluorescent. (u) Prior to plan check submittal, the applicant shall verify the distance between the new addition and swimming pool under construction. If required by the Bui ding Official adequate distance between the addition and swimmi g pool must be maintained to avoid surcharge into the swimming p of walls. (v) 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 hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (w) This grant shall not e 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 Com unity 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. (x) 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 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 Day 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: Mr. and Mrs. Timothy Keck, 2611 Crooked Creek Drive, Diamond Bar, CA 91765, and Mr. Mike Mo, 317 W. Main Street, #202, Alhambra, CA 9180 13 APPROVED AND ADOPTED TF PLANNING COMMISSION OF THE CITY BY: Joe McManus, Chairman IS 22ND DAYOF MARCH 2005, BY THE OF DIAMOND BAR. I, Jame DeStefano, Planning Commissio Secretary, do hereby certify that the foregoing Resol' tion was duly introduced, passed, E nd adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of March 2005, by the following vote: AYES: Commissioners: *e, Nolan, Tanaka, V/C Low, Chair/McManus NOES: Commissioners: ABSENT: Commissioners: None ABSTAIN ATTEST: Commissioners: games De0tefano, 14 PLANNING COMMISSION RESOLUTION NO. 2005-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-03, MINOR CONDITIONAL USE PERMIT NO. 2005-03, AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A ONE STORY ADDITION OF APPROXIMATELY 1,160 SQUARE FEET OF LIVABLE AREATO AN EXISTING ONE STORY SINGLE- FAMILY RESIDENCE WITH APPROXIMATELY 1,288 SQUARE FEET OF LIVABLE AREA WITH A TWO CAR GARAGE. THE MINOR CONDITIONAL U E PERMIT APPROVAL WILL ALLOW EXISTING LEGAL N NCONFORMING SETBACKS AND SEPARATION BETWEEN RESIDENTIAL STRUCTURES ON ADJOINING PROPERTIES TO REMAIN. THE PROJECT SITE IS LOCATED AT 2611 CROOKED CREEK DRIVE (LOT 44, TRACT NO. 25990), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Mr. and Mrs. Timothy Keck and applicant, Mr. Mike Mo, have filed an application for Development Review No. 2005-03, Minor Conditional Use Permit No. 2005-03 and categorical exemption for a property located at 2611 Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." On March 4, 2005, public hearing notices were mailed to approximately 71 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on March 10, 2005, the project site was posted with a display board. On March 11, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 22, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded is 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part , of this Resolution are true and correct. 2. The Planning Commissiohereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(e) of the California Environmental Qality Act (CEQA) and guidelines promulgated thereunder. Furthermore, th categorical exemption reflects the independent judgment of the City of Dia and Bar. 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 h reby 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 as follows: (a) The project relates to a site located at 2611 Crooked Creek Drive (Lot 44, Tract No. 251990). It is a rectangular lot of approximately 7,564 square feet. It is developed with a one story single-family residence, constructed in 1963 with approximately 1,288 square feet of livable area and 6 two -car garage. The site also contains a swimming pool and patio cover within the rear portion of the project site. The swimming pool is under construction with the benefit of a construction permit. Additionally, if the proposed addition is approved, the patio cover will be removed. (b) The project site has a General Plan land use designation of Low Medium Density Residential (RLM) Maximum 5 DU/AC. (c) The project site is within the Single -Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone. (d) Generally, the following zones and use surround the project site: to the north are the R-1-7,500 zone and the Brea Canyon Channel; to the south and east is the R-1-7,500 zone; and to the west is the Restricted Business (C-1) zone. (e) The Application request is for approval to construct a one story addition of approxim tely 1,160 square feet of livable area to an existing one story si square feet of livable includes approval of maintain the following proposed addition in setbacks; and separa adjoining parcels inst igle-family residence of approximately 1,288 area with a two -car garage. The request also a Minor Conditional Use Permit in order to legal non -conforming setbacks: five feet for the tead of the required five and ten foot side yard ion of 12.5 and 14 feet between residences on ad of the required 15 feet. 2 Development Review M (9) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The project site is in existing lot developed with a single-family residence in 1963 pq,or to the City of Diamond Bar's incorporation. According to the tract map, the project site is approximately 7,564 square feet. As such,, it is consistent with the General Plan land use designation of Low Medium Density Residential (RML) Maximum 5 DU/AC and the proposed addition to the existing residence will maintain the integrity and not degrade this residential area. Additionally and as conditioned within this resolution, the proposed addition is consistent with the development standards for the RLM zoning district whichl apply to the R-1-7,500 zone district for this project. The proposed addition will maintain the required height for a residential structure coverage. Furtherm and not exceed the maximum allowed lot re, through the Minor Conditional Use Permit process for legal nonlcon forming setbacks as discussed below in the Minor Conditional Use Permit findings, the proposed project will seek to maintain the existing side yard setbacks and existing separation between structures on adjoining parcels. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Thee fisting architectural style (Contemporary) 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 comparable in size with other homes in the surrounding neighborhood. 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. As referenced above to a single-family resi from 1,280 to 2,429 s( has 1,288 square fee 1,160 square feet, the n finding (f), the proposed project is an addition fence. Residences in the neighborhood range luare feet of livable area. The subject residence 'of livable area. With the proposed addition of subject residence will be approximately 2,448 3 square feet of livable urea. Therefore, the subject residence with the proposed addition wyll be comparable in square footage to other homes within the neighborhood. The project site is large enough to accommodate the proposed addition to the existing single-family residence. Additionally, the proposed project does not change the current land use. As such, the existing residence with the proposed addition is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed addition is not expected to create traffic or pedestrian hazards due to that fact that the single-family residential use will be maintained. Additionally, Crooked Creek 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 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, or any applicable specific plan. The existing architectural style is typical 1960's Contemporary and will remain. However, modifications are such as the proposed removing texisting wood siding n the front facade and replacing it with stucco and stone veneeracc*nt, re -roofing, reducing the number of posts at the front entry and chpnging the material and colors. The following materials and colors are proposed: Roof GAF Ma ria/ Corp., Grand Sequoia Shingles - Weather Wood Blend Stucco La Habr Stucco - X-278/Trabuco - dark tan Trim La Habr Stucco - X-81/Oatmeal - off-white Stone Veneer Wainsco - 2 ft. high on front facade and entire chimney - light tan blend Proposed colors and materials and alterations to the front facade are compatible with other homes within the surrounding neighborhood. Since the architectural style will not change and the addition will be compatible with the surrounding character of the neighborhood, the existing residence with the proposed addition will be 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 (0 and (g) above. There is no applicable specific plan for the project area. (i) The design of the proposed development will provide a desirable environment for its o cupants and visiting public as well as its neighbors through goo aesthetic use of materials, texture, and color 4 that will remain aesthetically appealing and will retain a reasonably adequate level of m mtenance. 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 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 the vicinity; 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 process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the prope ties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the Cali Pursuant to the provis (CEQA), Section 153 identified above in Furthermore, the cai judgment of the City c ornia Environmental Quality Act (CEQA). ions of the California Environmental QualityAct 31(e), the City has determined that the project this Resolution is categorically exempt. egorical exemption reflects the independent if Diamond Bar. MINOR CONDITIONAL USE PERMIT (I) The proposed use is a applicable provisions Code. lowed within the subject zoning district with the of the Development Code and the Municipal As stated in Findings 1), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-7,500 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming side yard setbacks an separation between residential structures on adjacent properties. The existing legal nonconforming setbacks and separation between residential structures on adjacent properties can be allowed with the appropriate findings through the Minor Conditional Use Permit process. 5 Pursuant to Develop ent Code Section 22.68.030 (a) and (b) - Restrictions on Non onforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulation (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Fkndings specified in Section 22.68.030 for legal nonconforming strut ures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure). However, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five foot side yard setback. Pursuant to Table 2-4 of Development Code Section 22.08.040, the required side yard setbacks for the RLM zoning district are five and ten feet with a 15 foo— separation between residential structures on adjoining properties. The existing residence at the project site has side yard setbacks o five feet with a 12.5 and 14 foot separation between residential st uctures on adjoining properties. The side yard setbacks which were egal under Los Angeles County's jurisdiction, when the residence Was constructed, are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation 4etween residential structures on adjoining properties. The propo ed addition will maintain the existing side yard setbacks and existing separation between residential structures on adjoining properties. It will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in tt e RLM zoning district. Staff believes that approving the minor conditional Use Permit as described above for !the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The five foot ide yard setback occurs most frequently in this neighborhood and the proposed addition will still maintain the required minimum and existing legal nonconforming five foot side yard setback as specified in Development Code Section 22.68.030 - Restrictions on Nonconforming Structures; 6 (2) The existing legal nonconforming separation between residential structures on adjoining properties will be maintained with the proposed addition. (m) (3) Residences range from 1,280 to 2,429 square feet. The project site is eveloped with one of smallest residence (1,288 square feet) the neighborhood. Even with the proposed addition, the residence will still be comparable in square footage to others in the neighborhood. (4) The propose because it is surrounding n between resia coverage, arc project is consistent with the General Plan ompatible with the prevailing character of the ighborhood with regard to setbacks, separation ntial structures on adjoining parcels, height, lot itectural style, colors and materials. (5) (6) consistent with the General Plan and any applicable specific plan; Considering ti the residence within the res addition could and existing sf in scale to the By maintaininc residential stru the rest of tt addition in sc ,e width of the project site and the placement of Dn the site, a one story addition could only occur r portion of the project site. A second story be considered but due to the project site's width tbacks, a second story addition would not relate project site or adjacent residences. the existing setbacks and separation between ctures on adjoining lots which is consistent with e neighborhood and keeping the proposed le with the project site and the rest of the neighborhood, the proposed project will increase the value of the subject residence and other residences in the neighborhood. The proposed use As stated in Finding (I) above, the proposed addition is consistent with the General Plan and there is no applicable specific plan. (n) The design, locationl, size and operating characteristics of the proposed use are co the vicinity; As stated in Findings size and operating compatible with the e patible with the existing and future land uses in 0, (g, (h), (i) and (1) above, the design, location, haracteristics of the proposed addition are fisting and future land uses in the vicinity; (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adj constraints; (p) (q) As stated in Findings physically suitable fo addition including ac adjoining land uses, a ining land uses, and the absence of physical (0, (g, (h), (i) and (I) above, the project site is the type and density/intensity of proposed ;ess, provision of utilities, compatibility with rid the absence of physical constraints; Granting the Minor Cc nditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Soils report, Fire Dep rtment requirements and approval, structural plan check, City permi sand inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the pub c interest, health, safety, injurious to persons, property, or improvem nts in the vicinity and zoning district in which the property is locate The proposed project provisions of the Califo Pursuant to the provisi (CEQA), Section 1536 identified above in Furthermore, the cate judgment of the City o, has been reviewed in compliance with the rnia Environmental Quality Act (CEQA). ons of the California Environmental QualityAct 1(e), the City has determined that the project this Resolution is categorically exempt. gorical exemption reflects the independent Diamond Bar. NONCONFORMING The proposed addition will not resul in the structure becoming: (r) Incompatible with other structures in the neighborhood. Residences in the nei hborhood range from 1,280 to 2,429 square feet of livable area. The subject residence has 1,288 square feet of livable area. With the proposed addition of 1,160 square feet, the subject residence will be approximately 2,448 square feet of livable area. Therefore, the subject residence with the proposed addition will be comparable in square footage to other homes within the neighborhood. The existing architectu remain. However, mo existing wood siding of and stone veneer acce al style is typical 1960's Contemporary and will ifications are proposed such as removing the ' the front facade and replacing it with stucco it, re -roofing, reducing the number of posts at the front entry and ch nging the material and colors. Even with these minor modifications, the existing single-family residence with the proposed addition w.11 be compatible with other residences in the neighborhood. The existing residen a at the project site has side yard setbacks of five feet with a 12. and 14 foot separation between residential structures on adjoini g properties. The side yard setbacks which were legal under os Angeles County's jurisdiction when the residence was constr cted are now considered legal nonconforming. Additionally, Los Ang les County did not have a required separation between residential s ructures on adjoining properties. The proposed addition will maintai the existing side yard setbacks and existing separation between sidential structures on adjoining properties. It will also follow the de elopment line of the existing residence and will not exceed the maxi um height or lot coverage allowed in the RLM zoning district. By m intaining the existing setbacks and separation between residential structures on adjoining lots which is consistent with the rest of the ne "ghborhood and keeping the proposed addition in scale with the proj ct site and the rest of the neighborhood, the proposed project will / crease the value of the subject residence and other residences in th neighborhood. Therefore, the existing single- family residence with the proposed addition is compatible with the prevailing character o the surrounding neighborhood with regard to setbacks, separation between residential structures on adjoining parcels, height, lot co erage, architectural style, colors and materials and will not result in in ompatibility with other single-family residences in the neighborhood. (s) Inconsistent with the The project site is a residence in 1963 pri According to the tract square feet. As such, designation of Low M DU/AC and the prop maintain the integrit. Additionally and as cc addition is consistent zoning district which project. eneral Plan or any applicable specific plan. 7 existing lot developed with a single-family )r to the City of Diamond Bar's incorporation. map, the project site is approximately 7,564 it is consistent with the General Plan land use 1-dium Density Residential (RML) Maximum 5 osed addition to the existing residence will v and not degrade this residential area. nditioned within this resolution, the proposed with the development standards for the RLM apply to the R-1-7,500 zone district for this (t) A restriction to the eventual/future compliance with applicable regulations of this De 31opment Code. Approval of the Mino Conditional Use Permit, which will permit the continuation of a leg I nonconforming side yard setbacks will not (u) result in restricting futt Development Code re findings (1) and (r) ab Detrimental to the hE residing in the neighb re compliance with the applicable Diamond Bar gulations due to specific issues addressed in ve. alth, safety and general welfare of persons rhood. Based on finding mer proposed addition a, detrimental to the he residing in the neighbc tioned above and conditions of approval, the id other minor improvements will not be slth, safety and general welfare of persons rhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. Based on findings me proposed addition a detrimental and/or inj neighborhood. tioned above and conditions of approval, the d other minor improvements will not be rious to property and improvements in the Based on the findings and conclusions set forth above, the Planning Commission hereby approv conditions: (a) The project shall sul elevations and colors, dated March 22, 2005 Commission, and as a s the Application subject to the following stantially conform to site plan, floor plan, materials collectively labeled as Exhibit "A" as submitted and approved by the Planning vended 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 grante 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 a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and isposal of solid waste from residential, commercial, constructs n and industrial areas within the City. It shall be the applicant's oblig tion to insure that the waste contractor utilized has obtained permits f om the City of Diamond Bar to provide such services. (c) Prior to the issuance o any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate the replacement of landscaping and irrigation destroyed during const uction. Prior to final inspection or Certificate 10 of Occupancy, front yard landscaping/irrigation destroyed during construction shall b replaced. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to he Building and Safety Division's requirements along the project perimeter. (e) Wet bar in master bedroom shall not contain any kitchen facilities (i.e., cooking stove with or without an oven; kitchen sink, cabinets and appurtenant plumbing, convection ovens; and all appurtenances related to a kitchen.) M (g) The proposed additi n shall maintain a minimum side yard setback of five feet and a minimum separation distance between residential structures on adjoining properties of 14 feet to the north and 12.5 feet to the south. Prior to the issuance Of any City permits, the applicant shall submit an erosion control plan. Erosion control measures shall be in place for construction starting after October 1 through April 15. (h) Before the issuance erosion control plan i control plan shall con System (NPDES) st, Management Practi Additionally, the appl (i) G) f any City permits, the applicant shall submit an or the City's review and approval. The erosion form to National Pollutant Discharge Elimination nndards and incorporate the appropriate Best :es (BMP's) during and after construction. cant shall obtain the necessary NPDES permits. 0 Applicant shall comp y with Standard Urban Storm Water Mitigation Plan (SUSMP) requi ements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plan for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtai ed through the Public Works Division. Prior to the issuance f any City permits, the applicant shall submit a drainage plan for the City's review and approval. All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage cou se. No on-site drainage shall be conveyed to adjacent parcels. Su face water shall drain away from the building at a two percent minimum slope. (k) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or 11 resources. No portic commercial/institution dwelling. The propert result in a nuisance neighborhood. (I) (m) (n) (0) Prior to the issuance o and record a "Covens Residence" on a form be completed and reci Office. 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 or create traffic and parking problems in the any City permits, the Applicant shall complete it and Agreement to Maintain a Single -Family o be provided by the City. The covenant shall )rded with the Los Angeles County Recorders For plan check subm ttal, the applicant shall submit drawings and calculations prepared y a licensed architect/engineer with wet stamp and signature. The proposed resid Conservation Standar Prior to the issuance submit construction pl for review and approv site. nce shall comply with the State Energy S. e f any construction permits, the applicant shall ins to the Los Angeles County Fire Department I and to determine the fire zone for the project (p) If the project site is I project shall meet the Icated within "high fire zone", the proposed ollowing requirements of said zone: (1) All roof coverin shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members uncle the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings in the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shal have spark arrests of maximum 1/2 inch screen. (q) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (r) Plans shall conform t State and Local Building Code (i.e., 2001 Uniform Building Code Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 N tional Electrical Code) requirements. (s) All new bedrooms and hallways leading to sleeping areas shall have hard wired smoke detectors with battery back-up. (t) If required by the Building Official, kitchen and bathroom lights shall be fluorescent. (u) Prior to plan check submittal, the applicant shall verify the distance between the new addition and swimming pool under construction. If required by the Bui ding Official adequate distance between the addition and swimmi g pool must be maintained to avoid surcharge into the swimming pool walls. (v) 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 extensior 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 hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (w) This grant shall not and owner of the pro filed, within fifteen (: Diamond Bar Comrr their affidavit stating' conditions of this gra the permittee pays n fees for the review o e effective for any purpose until the permittee oerty involved (if other than the permittee) have 0) days of approval of this grant, at the City of unity and Development Services Department, hat they are aware of and agree to accept all the it. Further, this grant shall not be effective until !maining City processing fees, school fees and submitted reports. (x) If the Department of Code Section 711.4 applicant shall remi approval, a cashier's in connection with Fi! this project is not e project has more the applicant shall also such fee and any fin( The Planning Commission shal =ish and Game determines that Fish and Game applies to the approval of this project, then the t to the City, within five days of this grant's check of $25.00 for a documentary handling fee •h and Game Code requirements. Furthermore, if .empt from a filing fee imposed because the in a deminimis impact on fish and wildlife, the pay to the Department of Fish and Game any which the Department determines to be owed. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a ertified copy of this Resolution, by certified mail, to: Mr. and Mrs. Timothy Keck, 2611 Crooked Creek Drive, Diamond Bar, CA 91765, and Mr. Mike Mo, 317 W. Main Street, #202, Alhambra, CA 9180 13 APPROVED AND ADOPTED TIIIS 22ND DAYOF MARCH 2005, BY THE PLANNING COMMISSION OF THE CITYIOF DIAMOND BAR. BY: C/(L(II-LL j' Joe McManus, Chairman I, JamerDeStefano, Planning Commissio Secretary, do hereby certify that the foregoing Resol' tion was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meetin of the Planning Commission held on the 22nd day of March 2005, by the following vote: AYES: Commissioners: —ye, Nolan, Tanaka, V/C Low, Chair/McManus NOES: Commissioners: None ABSENT: Commissioners: one ABSTAIN: Commissioners: None ATTEST: James Deptefano, S cretary 14