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HomeMy WebLinkAboutPC 2005-16PLANNIN RESOLUi G COMMISSION ION NO. 2005-16 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-1 01MINOR CONDITIONAL USE PERMIT NO. 2005-08 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 1,460 SQUARE FEET TWO STORY ADDITION AND08 SQUARE FEET BALCONYIPATIO COVER TO THE EXISTIN 1,338 LIVABLE SQUARE FEET, TWO- STORY, LEGAL NONCON ORMING SINGLE FAMILY RESIDENCE WITH A TWO CAR GARA E. THE PROJECT SITE IS LOCATED AT 1712 FERN HOLLOW D I. (LOT 206, TRACT NO. 28579), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Linda Chuan, and applicant, Thomas Chuan, have filed Development Review No. 2005-10, Minor Conditional Use Permit No. 2005-08 applications for a property located at 1712 Fern Hollow Drive (Lot 206, Tract No. 28579), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On April 12, 2005, 61 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were hosted. On April 15, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On April 26, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded 0 duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution are true and correct. 2. The Planning Commission above in this Resolution is Environmental Quality Act (( 3. The Planning Commission having considered the recc .below, and changes and altE conditioned upon the propos evidence before this Plannin will have the potential of ai habitat upon which the wildli this Planning Commission hf contained in Section 753.: Regulations. hereby determines that the project identified categorically exempt per the 1970 California o,EQA), Section 15301(e). lereby specifically finds and determines that, 'd as a whole including the findings set forth rations which have been incorporated into and ;d project set forth in the Application, there is no i Commission that the project proposed herein adverse effect on wild life resources or the e depends. Based upon substantial evidence, reby rebuts the presumption of adverse effects (d) of Title 14 of the California Code of 4. Based upon the findings ar�d conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is addressed 1712 Fern project site is approxir usable square feet. It i,- story, sstory, legal nonconfoi completed in 1977. Lot 206, Tract 28579, APN 8292-022-044, Hollow Drive, Diamond Bar, California. The ately .19 gross acres: 8,350 gross and 6,300 an irregularly shaped lot with the existing two- ning single family residence approved and (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dw Ming units per acre. The site is zoned Single family Residence, R-1 10,000. (c) To the north, south, and east is the R-1-10,000 zone and single family use; and to the west is the SR 57 freeway. (d) The Application reque: addition and 208 squat livable square feet, t residence with a two approval is required nonconforming front si DEVELOPMENT REVIEW (e) The design and layout with the General Plan, an approximate 1,460 square feet two-story feet balcony/patio cover to the existing 1,338 :)-story, legal nonconforming single family it garage. A Minor Conditional Use Permit to allow the continuation of the legal back distance. the proposed development are consistent ✓elopment standards of the applicable district, design guido area (e.g., theme ars or planned developn The project site, cup residence was estal Plan and current Mu Plan land use desigr 3 dwelling units/per General Plan objec integrity of residenti Diamond Bar Munici There is no specific , The proposed pro, Municipal Code; th comparable with th height limitations; a, than the existing str ines, and architectural criteria for specialized s, specific plans, community pians, boulevards, ently developed with a two-story, single family ished before the adoption of the City's General icipal Code. The adopted July 25, 1995, General ition is Low Density Residential (RL) (maximum acre). The Application complies with the City's ves and strategies related to maintaining the l neighborhoods and open space, the current al Code, and with the City's Design Guidelines. ian. I conforms to applicable provisions of the site coverage is less than 40 percent, it is existing neighborhood; it meets the required it does not encroach into the setbacks further (f) The design and layo t of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and wi l not create traffic or pedestrian hazards. Pathfinder Road and Fern Hollow Drive adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a two-story, legal nonconforming single family residence. The proposed addition does not change the existing single family use. The Application maintains the existing style consistent with surrotinding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring streets existing or fut redevelopment, (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General plan, City Design Guidelines, or any applicable specific plan. The single family residence's contemporary architectural style is retained. The proposed two-story addition is in the rear. The design's multi-level roofs blend into the existing two-story. The windows, 3 roofing, stucco and sl one add texture and contrast for variety and low maintenance levels. The application's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. Thee is no specific plan, (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values orresale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, Safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreeent is required and runs with the land to maintain a single fami residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt in accordance With the 1970 California Environmental Quality Act (CEQA), Section 1 301(e). NONCONFORMING STRUCTURES M The addition, enlargement, extension, reconstruction, relocation or structural alteration oft the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in Item (g), the proposed project is compatible with other structures in the vicinit. Many one and two-story structures in the vicinity have remodeledand added square footage. (I) The addition, enlarclement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Pian or any applicable specific plan. As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 28579, Lot 206, as .19 acres. The existing structure was completed under the Los Angeles County Codq in 9977 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconforming, is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption in November 3, 9998, and which does not conform to current Code provisions/standards prescribed for the zoning district in whi h the use is located. The structures in this tract were approved with six feet of public right-of-way counted in the setback measurement. The front setback is 17 feet from the property line. Like the other homes, the setback looks larger because the city's parkway is behind M sidewalk, not in front. Today's front setback requirement is 20 f et from the property line. Therefore, legal nonconforming findin s and Minor Conditional Use Permit approval are required by the Panning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. e exteriorlimits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity ex'sts. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. 9 Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improv ments in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-fau ily residence. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the ieighborhood, As stated in Items (-h), the architectural design of the proposed development is com' atible with the surrounding neighborhood's characteristics and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Also, as stated in Ite (i), structural plan check, City permits, and inspections; soils report and Fire Department approvals are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to he properties or improvements in the vicinity. MINOR CONDITIONAL USE PERMIT (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor ponditional Use Permit and complies with all other applicable provi ions of the Municipal Code. As stated in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific pla As stated in Item (e), th proposed use is consistent with the General Plan and any there is no applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are com atible with the existing and future land uses in the vicinity. As stated in Items (� o), the design, location, size, etc., is compatible with the existing an future land uses in the vicinity. (s) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provisions of utilities, compatibility with a joining land uses, and the absence of physical constraints. As stated in Items (-o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, hE alth, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in wh ch the property is located. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-farr ily residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determiried that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively abeled as Exhibit "A" dated April 26, 2005, as submitted to, amend d herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or 7 implementation of th trash, debris, and construction, shall b duly permitted waste to provide collection, residential, commerc City. It shall be the contractor utilized ha to provide such servi PUBLIC WORKS (c) The applicant shall su Works Division illustrc plan; surface water minimum slope. Ero: construction started control plan shall cont System (NPDES) sta Management Practice erosion control pla Works/Engineering Di entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by ;ontractor, who has been authorized by the City ransportation, and disposal of solid waste from al, construction, and industrial areas within the applicant's obligation to insure that the waste obtained permits from the City of Diamond Bar mit a Drainage Plan to the Engineering/Public ing the drainage pattern and an erosion control hall drain away from the building at a 2% on control measures shall be in place for ter October 1 through April 15. The erosion rm to national Pollutant Discharge Elimination dards and incorporate the appropriate Best (BMP's). The standards for the preparation of s can be obtained from the Public ision. (d) If applicable, the appli ant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall construction. (f) If required by the Build the project. (g) The single family strui Code including smok( requirements; and 20, Mechanical Codes. (h) This single family stru Standards. e temporary sanitation facilities during ing Official, a construction fence shall protect ture shall meet the 2001 California Building detectors and rescue window and egress 1 editions of the Electrical, Plumbing, and ire shall meet the State Energy Conservation (i) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. (j) Prior to the Building and Safety plan check submittal, the building setback shall be shown from any slope (toe or top) and shall meet Chapter 18 of the 2001 California Building Code. (k) The single family structure requires Fire Department approval and is located in "Hicih Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof coveri g shall be "Fire Retardant." Tile roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than "/4 inch nor more than '/z inch in any dimension except where such o enings are equipped with sash or door; (4) Chimneys shz 11 have spark arresters of maximum '/z inch screen. PLANNING (I) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (m) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, dense plant material, etc., that may be proposed within the front setback shall no exceed a maximum height of 42 inches. (n) The single family res creates adverse effec setting of the resident) traffic, or other disturb and shall not result in and resources. The commercial/institution dwelling. The property idence shall not be utilized in a manner that is upon the neighborhood and environmental al site to levels of dust, glare/light, noise, odor, ances to the existing residential neighborhood Significantly adverse effects on public services ingle family residence shall not be used for 31 purposes, or otherwise used as a separate shall not be used for regular gatherings which N result in a nuisance neighborhood. which create traffic and parking problems in the (o) The owners shall complete and record a "Covenant and Agreement to Maintain a Single family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (p) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (q) This approval shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are a are and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. (r) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $,25.00 for a documentary handling fee in connection with Fish arid 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 pa 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 (b) Forthwith transmit a ce to Linda Chuan, 1712 and applicant, Thom; Heights, CA 91748. this Resolution; and �d copy of this Resolution, by certified mail n Hollow Drive, Diamond Bar, CA 91765 Chuan, 2233 Alexdale Lane, Rowland APPROVED AND ADOPTED THIS 20th DAY OF APRIL 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. McManus, Chairman I, James DbStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of Ap it 2005, by the following vote: AYES: Commissioner: T NOES: Commissioner: N ABSENT: Commissioner: N ABSTAIN: Commissioner: N, ATTEST: , V/C Low, Nolan, Tanaka, Chair McManus e. mes UeS tefano, 7ecretary PLANNING COMMISSION RESOLUTION NO. 2005-16 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-10/MINOR CONDITIONAL USE PERMIT NO. 2005-08 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 1,460 SQUARE FEET TWO STORY ADDITION AND 08 SQUARE FEET BALCONY/PATIO COVER TO THE EXISTING 1,338 LIVABLE SQUARE FEET, TWO- STORY, LEGAL NONCON ORMING SINGLE FAMILY RESIDENCE WITH A TWO CAR GARA E. THE PROJECT SITE IS LOCATED AT 1712 FERN HOLLOW D IVE (LOT 206, TRACT NO. 28579), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Linda Chuan, and applicant, Thomas Chuan, have filed Development Review N 2005-10, Minor Conditional Use Permit No. 2005-08 applications for a property located at 1712 Fern Hollow Drive (Lot 206, Tract No. 28579), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referreQI to as the "Application." 2. On April 12, 2005, 61 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On April 15, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On April 26, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded 0 duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution are true and correct. 2. The Planning Commission ihereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act ( EQA), Section 15301(e). 3. The Planning Commission ereby specifically finds and determines that, having considered the reco d as a whoe including the findings set forth .below, and changes and alt rations which have been incorporated into and conditioned upon the propos d project set forth in the Application, there is no evidence before this Plannin Commission that the project proposed herein will have the potential of a adverse effect on wild life resources or the habitat upon which the wildli e depends. Based upon substantial evidence, this Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753. (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is Lot 206, Tract 28579, APN 8292-022-044, addressed 1712 Fern Hollow Drive, Diamond Bar, California. The project site is approxi ately .19 gross acres: 8,350 gross and 6,300 usable square feet. It i an irregularly shaped lot with the existing two- story, legal nonconfo ming single family residence approved and completed in 1977. (b) The General Plan Lan Use designation is Low Density Residential (RL), maximum 3 dw fling units per acre. The site is zoned Single family Residence, R-1 10,000. (c) To the north, south, and east is the R-1-10,000 zone and single family use; and to the west is the SR 57 freeway. (d) The Application reques s an approximate 1,460 square feet two-story addition and 208 squat feet balcony/patio cover to the existing 1,338 livable square feet, To -story legal nonconforming single family residence with a two ar garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front s tback distance. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guid area (e.g., theme an or planned developr The project site, curl residence was esta Plan and current Mu Plan land use design 3 dwelling units/per General Plan object integrity of residents Diamond Bar Munici There is no specific The proposed prof ct conforms to applicable provisions of the Municipal Code; th site coverage is less than 40 percent; it is comparable with the existing neighborhood; it meets the required height limitations; an it does not encroach into the setbacks further than the existing stru ture. M (9) The design and layoff with the use and development, and wi Pathfinder Road and site. These and the minimum traffic creak currently developed -lines, and architectural criteria for specialized as, specific plans, community plans, boulevards, cents. ,ently developed with a two-story, single family lished before the adoption of the City's General ricipal Code. The adopted July 25, 1995, General ation is Low Density Residential (RL) (maximum acre). The Application complies with the City's Ives and strategies related to maintaining the 1 neighborhoods and open space, the current al Code, and with the City's Design Guidelines. Ian. t of the proposed development will not interfere enjoyment of neighboring existing or future I not create traffic or pedestrian hazards. ern Hollow Drive adequately serve the project neighboring streets are designed to handle d by residential development. The project site is with a two-story, legal nonconforming single family residence. The proposed addition does not change the existing single family use. consistent with surrot to unreasonably inter streets existing or fut The architectural desi with the characteristi maintain and enhan development contemi Design Guidelines, or he Application maintains the existing style nding properties. The structure is not expected ere with the use and enjoyment of neighboring ire development. gn of the proposed development is compatible ;s of the surrounding neighborhood and will ce the harmonious, orderly and attractive plated by Chapter 22.48, the General Plan, City any applicable specific plan. The single family residence's contemporary architectural style is retained. The proposed two-story addition is in the rear. The design's multi-level roofs bleu into the existing two-story. The windows, roofing, stucco and s; maintenance levels. are compatible with consistent with the Municipal Code. The (h) (i) The design of the p environment for its neighbors, through g that is aesthetically a The City has determir exempt in accordance Act (CEQA), Section 1 The colors, materials,and textures proposed are the same as existing and are compliments to the existing homes within the area while offering variety and I w maintenance levels. The proposed projec safety, or welfare or property values or improvements in the Structural plan check, Fire Department app processes will ensure to the public health, properties or improves Covenant and Agree maintain a single fami Q) The proposed project provisions of the Calift NONCONFORMING STRUCTURES (k) The addition, enlarger structural alteration of t the structure becomin neighborhood. one add texture and contrast for variety and low The application's architectural style and palette the other homes in the neighborhood and General Plan, City's Design Guidelines and re is no specific plan. oposed development will provide a desirable ppccupants and visiting public, as well as its od aesthetic use of materials, texture, and color -pealing. will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or icinity. City permits, and inspections; soils report and ovals, are required for construction. These !hat the finished project will not be detrimental 'afety, welfare, or materially injurious to the vents in the vicinity. Additionally, a Recorded nent is required and runs with the land to v residence. has been reviewed in compliance with the rnia Environmental Quality Act (CEQA). ad that the proposed project is categorically Nith the 1970 California Environmental Quality 5301(e). ent, extension, reconstruction, relocation or e nonconforming structure would not result in incompatible with other structures in the 9 As stated in Item (g), ti structures in the vicinit vicinity have remodelec e proposed project is compatible with other Many one and two-story structures in the and added square footage. (I) (m) The addition, enlar structural alteration the structure becoi applicable specific I ement, extension, reconstruction, relocation or f the nonconforming structure would not result in ing inconsistent with the General Plan or any an. As stated in Items (e the City's General F the Municipal Code, ) and (g), the proposed project is consistent with Ian objectives and strategies, Chapter 22.48 of and City Design Guidelines. The addition, enlarg ment, extension, reconstruction, relocation or structural alteration Of the nonconforming structure would not result in the structure becomi g a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel vas approved by Tract Map No. 28579, Lot 206, as .19 acres. The existing structure was completed under the Los Angeles County Cod in 1977 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconformin legally created or c Municipal Code's ad conform to current zoning district in whi were approved with setback measuremen line. Like the other ho parkway is behind th requirement is 20 f nonconforming findin is defined as any parcel or structure that was nstructed prior to the current Diamond Bar ption in November 3, 1998, and which does not ode provisions/standards prescribed for the the use is located. The structures in this tract six feet of public right-of-way counted in the It. The front setback is 17 feet from the property es, the setback looks larger because the city's sidewalk, not in front. Today's front setback et from the property line. Therefore, legal s and Minor Conditional Use Permit approval are required by the Panning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction do not exceed the applicab e height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exsts. No further nonconforming status of this parcel is anticipated. (n) The addition, enlarge structural alteration of the structure becoming welfare of persons res nent, extension, reconstruction, relocation or he nonconforming structure would not result in detrimental to the health, safety, and general ding in the neighborhood. Structural plan checi Fire Department ap processes will ensun to the public health, properties or improve Covenant and Agre maintain a single -fan (o) The addition, enlarge structural alteration o the structure becomi improvements in the City permits, and inspections; soils report and rovals, are required for construction. These that the finished project will not be detrimental 'afety, or welfare, or materially injurious to the ments in the vicinity. Additionally, a Recorded ?ment is required and runs with the land to ily residence. 0 ment, extension, reconstruction, relocation or the nonconforming structure would not result in g detrimental and/or injurious to property and ieighborhood. As stated in Items 0 development is com, characteristics and attractive developmer Plan, City Design Gui Also, as stated in Ite inspections; soils repo for construction. Thes will not be detriment materially injurious to -h), the architectural design of the proposed oatible with the surrounding neighborhood's will maintain the harmonious, orderly and it contemplated by Chapter 22.48, the General defines, or any applicable specific plan. n (i), structural plan check, City permits, and it and Fire Department approvals are required processes will ensure that the finished project al to the public health, safety, or welfare, or he properties or improvements in the vicinity. MINOR CONDITIONAL USE PERMIT (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable prove ions of the Municipal Code. As stated in Items (e o, district and complies Municipal Code. the proposed use is allowed within the zoning with all other applicable provisions of the (q) The proposed use is applicable specific pla consistent with the General Plan and any As stated in Item (e), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (r) The design, location proposed use are com the vicinity. size and operating characteristics of the atible with the existing and future land uses in As stated in Items ($-o), the design, location, size, etc., is compatible (s) The subject site is p of use being prop compatibility with a constraints. future land uses in the vicinity. ysically suitable for the type and density/intensity sed including access, provisions of utilities, joining land uses, and the absence of physical As stated in Items ( type and density/int provisions of utilities absence of physical (t) Granting the Minor the public interest, h injurious to person, zoning districts in wh Structural plan chec Fire Department ap processes will ensue to the public health, properties or improv Covenant and Agre maintain a single-fa -o), the subject site is physically suitable for the nsity of use being proposed including access, compatibility with adjoining land uses, and the onstraints. onditional Use Permit will not be detrimental to alth, safety, convenience, welfare, or materially property or improvements in the vicinity and ch the property is located. , City permits, and inspections; soils report and rovals, are required for construction. These that the finished project will not be detrimental afety, or welfare, or materially injurious to the ments in the vicinity. Additionally, a Recorded ment is required and runs with the land to ily residence. (u) The proposed proje t has been reviewed in compliance with the provisions of the Calii ornia Environmental Quality Act (CEQA). The City has determi ed that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings a d conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall sub elevations collectively submitted to, amend Commission. tantially conform to site plan, floor plans, and abeled as Exhibit "A" dated April 26, 2005, as d herein, and approved by the Planning (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of th{ trash, debris, and construction, shall be duly permitted waste to provide collection, residential, commerc City. It shall be the contractor utilized ha! to provide such servi PUBLIC WORKS entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by :ontractor, who has been authorized by the City :ransportation, and disposal of solid waste from al, construction, and industrial areas within the applicant's obligation to insure that the waste obtained permits from the City of Diamond Bar ;es. (c) The applicant shall submit a Drainage Plan to the Engineering/Public Works Division illustr Ling the drainage pattern and an erosion control plan; surface water hall drain away from the building at a 2% minimum slope. Ero ion control measures shall be in place for construction started fter October 1 through April 15. The erosion control plan shall conf rm to national Pollutant Discharge Elimination System (NPDES) sta dards and incorporate the appropriate Best Management Practice (BMP's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Di ision. (d) If applicable, the appli—ant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall provide temporary sanitation facilities during construction. (f) If required by the Building Official, a construction fence shall protect the project. (g) The single family stru ture shall meet the 2001 California Building Code including smok detectors and rescue window and egress requirements; and 20 1 editions of the Electrical, Plumbing, and Mechanical Codes. (h) This single family struct$re shall meet the State Energy Conservation Standards. (i) The minimum desig wind pressure shall be 80 miles per hour and "C" exposure. The pity is in seismic zone four (4). Applicant shall submit drawings nd calculations prepared by a licensed architect/engineer ith wet stamp and signature. a) Prior to the Buildin setback shall be sh Chapter 18 of the 2 (k) The single family structure requires Fire Department approval and is located in "Hi h Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) PLANNING (I) (2) (3) (4) All roof coveri fire stopped members and All enclosed ui walls; All openings it shall be cover than 1/4 inch n where such o Chimneys shz screen. and Safety plan check submittal, the building wn from any slope (toe or top) and shall meet 01 California Building Code. 9 d ig shall be "Fire Retardant." Tile roofs shall be t the eaves to preclude entry of the flame or —r the fire; ider-floor areas shall be constructed as exterior ito the attic, floor, and/or other enclosed areas ed with corrosion -resistant wire mesh not less or more than Y2 inch in any dimension except enings are equipped with sash or door; II have spark arresters of maximum '/2 inch The applicant shall c Building and Safety, F omply with the requirements of City Planning, ublic Works Divisions, and the Fire Department. (m) The landscaping/irrig yard prior to the Plan fountains, dense plan front setback shall no tion shall be installed or replaced in the front ing Division's final inspection. Any walls, gates, material, etc., that may be proposed within the exceed a maximum height of 42 inches. (n) The single family res dence shall not be utilized in a manner that creates adverse elle is upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturb nces to the existing residential neighborhood and shall not result in ignificantly adverse effects on public services and resources. The Ingle family residence shall not be used for commercial/institution I purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance o neighborhood. (o) The owners shall con Maintain a Single fan City. The covenant r Angeles County's Re permit. (p) This approval is vali (i.e., construction) wit one -(1) year extensioi in writing at least 60 a Commission will con public hearing in ac Diamond Bar Municip (q) (r) This approval shall not and owners of the prop filed, within fifteen (15' Community and Deve stating that they are a\ this approval. Further, permittee pays remain which create traffic and parking problems in the plete and record a "Covenant and Agreement to ily Residence" on a form to be provided by the wst be completed and recorded with the Los order's Office prior to the issuance of a building J for two (2) years and shall be exercised iin that period or this approval shall expire. A r may be approved when submitted to the City ays prior to the expiration date. The Planning rder the extension request at a duly noticed ordance with Chapter 22.72 of the City of I Code. be effective for any purpose until the permittee erty involved (if other than the permittee) have days of approval, at the City of Diamond Bar opment Services Department, their affidavit vare and agree to accept all the conditions of this approval shall not be effective until the ng City processing fees. If the Department of Fib Code Section 711.4 ap applicant shall remit to cashier's check of $: connection with Fish ar this project is not exec project has more than applicant shall also pa such fee and any fine' The Planning Commission shall: (a) Certify to the adoption h and Game determines that Fish and Game plies to the approval of this project, then the the City, within five days of this approval, a :5.00 for a documentary handling fee in d Game Code requirements. Furthermore, if npt from a filing fee imposed because the a deminimis impact on fish and wildlife, the to the Department of Fish and Game any —hich the Department determines to be owed. f this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Linda Chuan, 1712 ern Hollow Drive, Diamond Bar, CA 91765 and applicant, Thoma Chuan, 2233 Alexdale Lane, Rowland Heights, CA 91748. a APPROVED AND ADOPTED THIS 21 th DAY OF APRIL 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, James DbStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of Ap it 2005, by the following vote: AYES: Commissioner: T e, V/C Low, Nolan, Tanaka, Chair McManus NOES: Commissioner: None. ABSENT: Commissioner: No e ABSTAIN: Commissioner: No e. 11