Loading...
HomeMy WebLinkAboutPC 2005-230 PLANNING COMMISSION RESOLUTION NO. 2005-23 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPR VING DEVELOPMENT REVIEW NO.2005-18/MINOR CONDITIONAL USE PERMIT NO. 2005-07 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,289 SQUARE FEET ONE AND TWO STORY ADDITION AT THE REAR OF THE EXISTING 1,305 LIVABLE SQUARE FEET, ONE STORY, LEGAL NONCONFORMING SING E FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBER 8281-031-068, ADDRESSED 24339 NORTHVIEW PLACE (LOT 7, TRACT NO. 4258$), DIAMOND BAR, CALIFORNIA. RECITALS The property owners, James M. and Kelley L. Golondzinier, filed Development Review No. 2005-18/Minor Conditional Use Permit No. 2005-07 applications for a property identified as assessor parcel number 8281-031-068, located at 2,1339 Northview Place (Lot 7, Tract No. 42585), 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 Perry it, and Categorical Exemption shall be referred to as the "Application." 2. On May 10, 2005, 79 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 May 13, 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 May 24, 2005, the Plarining Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found,) determined and resolved by the Planning Commission of the City of Diamon Bar as follows: The Planning Commission ereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commissio categorically exempt per i (CEQA), Section 15301(e). 3. The Planning Commission having considered the recc below, and changes and alt conditioned upon the propos evidence before this Plannir will have the potential of a habitat upon which the wildl this Planning Commission h contained in Section 753. Regulations. hereby determines that the Application is e 1970 California Environmental Quality Act hereby specifically finds and determines that, rd as a whole including the findings set forth gyrations which have been incorporated into and ed project set forth in the Application, there is no g Commission that the project proposed herein adverse effect on wild life resources or the Fe depends. Based upon substantial evidence, reby rebuts the presumption of adverse effects i (d) of Title 14 of the California Code of 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: - (a) The project parcel addressed 24339 Nor California. The parcel and 6,300 usable sqL existing one story, I approved and comple fs assessor parcel number 8281-031-068, hview Place (Lot 7 Tract 42585), Diamond Bar, is approximately .18 gross acres: 7,984 gross are feet. The lot is irregularly shaped with an :gal nonconforming single family residence ed in 1987. (b) The General Plan Lad Use designation is Low Density Residential (RL), maximum 3 dw lling units per acre. The site is zoned Single family Residence, R-1 10,000. (c) The R-1-10,000 zone and single family use surround the site. (d) The Application reque 1,289 square feet one 1,305 livable square fe residence with a two approval is required nonconforming front si DEVELOPMENT REVIEW is to remodel and construct an approximate nd two story addition at the rear of the existing t, one story, legal nonconforming single family 3r garage. A Minor Conditional Use Permit to allow the continuation of the legal :back distance. (e) The design and layout of the proposed development are consistent with the General Pla , development standards of the applicable district, design guic area (e.g., theme ar or planned develops lines, and architectural criteria for specialized 3s, specific plans, community plans, boulevards, ents. The project site, currently developed with a one story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan land use designation is Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan objec ives and strategies related to maintaining the integrity of residents 1 neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specificplan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent; it is comparable with the existing neighborhood, it meets the required height limitations; and it does not encroach further into the setbacks than the existing str cture. (f) The design and layo t of the proposed development will not interfere with the use and njoyment of neighboring existing or future development, and wi I not create traffic or pedestrian hazards. Armitos Place and N rthview Place adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one story, legal nonconforming single family residence. The propo ed addition does not change the existing single family use. The Application maintains the existing style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The single family residence's contemporary architectural style is retained. The propose two-story addition is in the rear. The design's multi-level roofs, windows, and stucco add texture and contrast, 3 variety, and low main enance materials. The application's architectural style and palette re compatible with the other homes in the neighborhood and c nsistent with the General Plan, City's Design Guidelines and Muni ipal Code. There is no specific plan. (h) The design of the p oposed development will provide a desirable environment for its DCCUpants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that is aesthetically a pealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maint nance 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 review and approval as required, Fire Department approval are required for construction. This project meets Municipal Code building standards including height. Thee standards and processes 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 Agreement is required and runs with the land to maintain a single family residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 qafifomia Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) 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 remodele and added square footage. In u (I) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration o 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. 42585, Lot 7, as .18 acres. The existing structure was completed under the Los Angeles County Code in 1987 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, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in whici 7 the use is located. The structures in this tract were approved with six feet of public right-of-way counted in the setback measuremen . The front setback is 14 feet from the property line. Like the otherhOr 7es, the setback looks largerbecause the city's parkway is behind the sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction does not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity ext. ts. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration oft the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. Structural plan check, Citypermits and inspections, soils report review and approval as required, Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will riot be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (-h), the architectural design of the proposed development is compatible with the surrounding neighborhood's characteristics and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Structural plan check, and approval as requi, construction. This pro including height. The; finished project will ns welfare, or materially the vicinity. Additiona required and runs with MINOR CONDITIONAL USE PERMIT ity permits and inspections, soils report review d, Fire Department approval are required for ct meets Municipal Code building standards standards and processes ensure that the be detrimental to the public health, safety, ,urious to the properties or improvements in a Recorded Covenant and Agreement is ie land to maintain a single family residence. (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 provisi ns of the Municipal Code. As stated in Items (e -o), the proposed use is allowed within the zoning district and complies �ith all other applicable provisions of the Municipal Code. (q) The proposed use is onsistent with the General Plan and any applicable specific plan. As stated in Item (e), th�proposed use is consistent with the General Plan and there is no applicable specific plan. (r) The design, locati n, size and operating characteristics of the proposed use are cc patible with the existing and future land uses in the vicinity. As stated in Items (e}o), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (s) The subject site is intensity of use bei utilities, compatibility physical constraints. As stated in Items (e type and density/intE provisions of utilities, absence of physical Physically suitable for the type and density) ig proposed including access, provisions of with adjoining land uses, and the absence of o), the subject site is physically suitable for the 7sity of use being proposed including access, compatibility with adjoining land uses, and the (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to person, Oroperty or improvements in the vicinity and zoning districts in whi h 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 improve ents in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. (u) The proposed projecl has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 9970 alifomia Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings a d conclusion set forth above, the Planning Commission hereby approv s this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and roof plan collectively labeled as Exhibit "A" dated May 24, 2005, as subrr fitted to, amended herein, and approved by the Planning Commission. (b) The subject site sha debris both during implementation of the trash, debris, and construction, shall be duly permitted waste c to provide collection, t residential, commerci City. It shall be the contractor utilized has to provide such servic PUBLIC WORKS (c) The applicant shall su Works Division iilustra plan; surface water minimum slope. Ero: construction started control plan shall confi System (NPDES) sta. Management Practice erosion control pla Works/Engineering Di (d) I be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all refuse, whether during or subsequent to Jone only by the property owner, applicant or by ontractor, who has been authorized by the City 'ansportation, and disposal of solid waste from if, construction, and industrial areas within the pplicant's obligation to insure that the waste obtained permits from the City of Diamond Bar as. emit 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. 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 pi construction. (f) If required by the Buildi the project. (g) The single family struc Code including smoke requirements; and 200 Mechanical Codes. (h) This single family stru Standards. E:3 temporary sanitation facilities during Official, a construction fence shall protect ire shall meet the 2001 California Building detectors and rescue window and egress editions of the Electrical, Plumbing, and re shall meet the State Energy Conservation PLANNING (i) The minimum desi "C" exposure. The submit drawings architect/engineer N wind pressure shall be 80 miles per hour and ,ity is in seismic zone four (4). Applicant shall ind calculations prepared by a licensed :h 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 strL cture requires Fire Department approval and is located in "High Hazard l=ire Zone" and shall meet the following requirements of that ire zone. (1) All roof coveri ig shall be "Fire Retardant." Tile roofs shall be fire stopped at the eaves to preclude entry of the flame or members and r the fire; (2) All enclosed ui ider-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 '/ inch nor more than %2 inch in any dimension except where such o enings are equipped with sash or door; and (4) Chimneys sh II have spark arresters of maximum Y2 inch screen. {I) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (m) The landscaping/irrigz tion shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, dense plant material, etc., that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (n) The single family res creates adverse effec setting of the residenti traffic, or other disturb and shall not result in and resources. The commercial/institution dwelling. The property fence shall not be utilized in a manner that s upon the neighborhood and environmental it site to levels of dust, glare/light, noise, odor, inces to the existing residential neighborhood ignificantly adverse effects on public services ngle family residence shall not be used for I purposes, or otherwise used as a separate Shall not be used for regular gatherings which E result in a nuisance o� which create traffic and parking problems in the neighborhood. (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 Deve opment 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 $25.00 for a documentary handling fee in connection with Fish a d Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine hich the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption (b) Forthwith transmit a ce to James M. and Kell Diamond Bar, CA 917E this Resolution; and ied copy of this Resolution, by certified mail L. Golondzinier, 24339 Northview Place, APPROVED AND ADOPTED THIS 24th DAY OF MAY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAM ND BAR. By: o bJ / ( 1-1 / yt- ( C4 /.Joe McManus, Chairman I, Nancy;'F ng, Planning Commission Ac ing Secretary, do hereby certify that the foregoing Resoluti n was duly introduced, passed, and adopted, at a regular meeting of the Planning Comm' sion held on the 24th day of May 2005, by the following vote: AYES: Commissioner: T�naka, Nolan, Tye, V/C Low, Chair McManus NOES: Commissioner: Ngne ABSENT: Commissioner: N1 ABSTAIN: Commissioner: ATTEST: Nancy Fon Actin S retary 11 PLANNING COMMISSION RESOLUTION NO. 2005-23 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPR VING DEVELOPMENT REVIEW NO. 2005-18/MINOR CONDITIONAL USE PERMIT NO. 2005-07 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,289 SQUARE FEET ONE AND TWO STI EXISTING 1,305 LIVABLE NONCONFORMING SING CAR GARAGE. THE PRI NUMBER 8281-031-068, A RY ADDITION AT THE REAR OF THE SQUARE FEET, ONE STORY, LEGAL E FAMILY RESIDENCE WITH A TWO JECT SITE IS ASSESSOR PARCEL DRESSED 24339 NORTHVIEW PLACE (LOT 7, TRACT NO. 4258$), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, J mes M. and Kelley L. Golondzinier, filed Development Review N . 2005-18/Minor Conditional Use Permit No. 2005-07 applications fo a property identified as assessor parcel number 8281-031-068, located at 2 339 Northview Place (Lot 7, Tract No. 42585), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in th's Resolution, the subject Development Review, Minor Conditional Use Per it, and Categorical Exemption shall be referred to as the "Application." On May 10, 2005, 79 prop rty owners within the project's 500 -foot radius were mailed a public heari g notice and three other locations within the application's vicinity were p sted. On May 13, 2005, the project's public hearing notification was pu lished in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin ewspapers and a public hearing notice display board was posted at the site. 3. On May 24, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found,) determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commissio hereby determines that the Application is categorically exempt per t e 1970 California Environmental Quality Act (CEQA), Section 15301(e). 3. The Planning Commission hereby specifically finds and determines that, having considered the rec rd as a whole including the findings set forth below, and changes and alt rations which have been incorporated into and conditioned upon the propo ed project set forth in the Application, there is no evidence before this Plan n' I g 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 a 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) (b) The project parcel is assessor parcel number 8281-031-068, addressed 24339 No hview Place (Lot 7 Tract 42585), Diamond Bar, California. The parcel is approximately .18 gross acres: 7,984 gross and 6,300 usable sqL existing one story, I, approved and comple The General Plan Lar (RL), maximum 3 dwi family Residence, R-1 (c) The R-1-10,000 zone (d) The Application reque 1,289 square feet one 1,305 livable square fe residence with a two approval is required nonconforming front si DEVELOPMENT REVIEW are feet. The lot is irregularly shaped with an gal nonconforming single family residence ed in 1987. d Use designation is Low Density Residential Iling units per acre. The site is zoned Single -10,000. nd single family use surround the site. ;ts to remodel and construct an approximate end two story addition at the rear of the existing ;t, one story, legal nonconforming single family ar garage. A Minor Conditional Use Permit to allow the continuation of the legal tback distance. (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme ar as, specific plans, community plans, boulevards, or planned develop ents. M The project site, currently developed with a one story, single family There is no specific integrity of residenti Diamond Bar Munici 3 dwelling units/per General Plan objec Plan land use desig Plan and current Mu residence, was esta than the existing stn height limitations; an Municipal Code; th comparable with th The proposed proj The design and layo with the use and development, and will interfere with the use development. njoyment of neighboring existing or future not create traffic or pedestrian hazards. (g) The architectural des with the characteristi maintain and enha development contem surrounding propertie family use. The Appli residence. The propo lished before the adoption of the City's General icipal 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 I neighborhoods and open space, the current al Code, and with the City's Design Guidelines. Ian. ct 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 further into the setbacks cture. t of the proposed development will not interfere rthview Place adequately serve the project site. oring streets are designed to handle minimum ential development. The project site is currently e story, legal nonconforming single family developed with a o These and the neigh traffic created by resi Armitos Place and N Design Guidelines, or The single family re multi-level roofs, win ed addition does not change the existing single ation maintains the existing style consistent with . The structure is not expected to unreasonably nd enjoyment of neighboring existing or future n of the proposed development is compatible s of the surrounding neighborhood and will e the harmonious, orderly and attractive fated by Chapter 22.48, the General Plan, City any applicable specific plan. idence's contemporary architectural style is two-story addition is in the rear. The design's retained. The propose ows, and stucco add texture and contrast, variety, and low main enance materials. The application's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the p oposed development will provide a desirable environment for its ccupants and visiting public, as well as its neighbors, through g od aesthetic use of materials, texture, and color that is aesthetically a pealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits and inspections, soils report review and approval as requi ed, Fire Department approval are required for construction. This project meets Municipal Code building standards including height. Thee standards and processes ensure that the finished project will n t be detrimental to the public health, safety, welfare, or materially Injurious to the properties or improvements in the vicinity. Additions ly, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. Q) The proposed project) has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). c The City has determi ed that the proposed project is categorically exempt per the 1970 california Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlarge ent, extension, reconstruction, relocation or structural alteration of t a nonconforming structure would not result in the structure becomin incompatible with other structures in the neighborhood. As stated in Item (g), to proposed project is compatible with other structures in the vicinity. Many one and two-story structures in the vicinity have remodeled and added square footage. 4 (I) (m) The addition, enlarg ment, extension, reconstruction, relocation or structural alteration Of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items (e and (g), the proposed project is consistent with the City's General P n objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. The addition, enlarg structural alteration o the structure becomin with the applicable re The existing parcel w .18 acres. The exist Angeles County Cod( Code prior to the City —ment, extension, reconstruction, relocation or the nonconforming structure would not result in g a restriction to the eventual/future compliance gulations of the Municipal Code. as approved by Tract Map No. 42585, Lot 7, as ing structure was completed under the Los in 1987 and met the required setbacks of that 's incorporation. Legal nonconforming legally created or cc Municipal Code's ado conform to current C zoning district in whicl were approved with setback measuremen line. Like the other hor parkway is behind the is defined as any parcel or structure that was nstructed prior to the current Diamond Bar otion, November 3, 1998, and which does not 'ode provisions/standards prescribed for the i the use is located. The structures in this tract ;ix feet of public right-of-way counted in the The front setback is 14 feet from the property es, the setback looks larger because the city's sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findin s and Minor Conditional Use Permit approval are required by the PI nning Commission. The proposed project the Municipal Code. Ti not exceed the applic setbacks than the com, the nonconformity exi parcel is anticipated. on forms to the other applicable provisions of e exterior limits of the new construction does tIe height limit or encroach further into the arable portions of the existing structure where ts. No further nonconforming status of this (n) The addition, enlarge ent, extension, reconstruction, relocation or structural alteration of to nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. Structural plan chec City permits and inspections, soils report review and approval as req fired, Fire Department approval are required for construction. This pr ject meets Municipal Code building standards including height. Th se standards and processes ensure that the finished project will of be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Addition Ily, a Recorded Covenant and Agreement is required and runs wit the land to maintain a single family residence. (o) The addition, enlarg ment, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becomi g detrimental and/or injurious to property and improvements in the eighborhood. As stated in Items ( Plan, City Design Gui attractive developmen development is com characteristics and the vicinity. Additional required and runs with welfare, or materially i including height. The finished project will n construction. This proj Structural plan check, and approval as requi, MINOR CONDITIONAL USE PERMIT (p) (q) other applicable provisi The proposed use is all approval of a Minor C As stated in Items (e -o), district and complies Municipal Code. applicable specific plan. -h), the architectural design of the proposed atible with the surrounding neighborhood's ill maintain the harmonious, orderly and contemplated by Chapter 22.48, the General elines, or any applicable specific plan. ity permits and inspections, soils report review ed, Fire Department approval are required for ct meets Municipal Code building standards e standards and processes ensure that the t be detrimental to the public health, safety, furious to the properties or improvements in a Recorded Covenant and Agreement is he land to maintain a single family residence. wed within the subject -zoning district with the nditional Use Permit and complies with all ns of the Municipal Code. the proposed use is allowed within the zoning ith all other applicable provisions of the The proposed use is consistent with the General Plan and any Plan and there is no ap As stated in Item (e), th proposed use is consistent with the General licable specific plan. 61 (r) The design, locati n, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (s) The subject site is intensity of use bei utilities, compatibility physical constraints. As stated in Items (e type and density/inte provisions of utilities, absence of physical As stated in Items (e with the existing anc o), the design, location, size, etc., is compatible future land uses in the vicinity. physically suitable for the type and density/ ig proposed including access, provisions of with adjoining land uses, and the absence of o), the subject site is physically suitable for the nsity of use being proposed including access, compatibility with adjoining land uses, and the constraints. (t) Granting the Minor C, the public interest, he injurious to person, zoning districts in whi (u) nditional Use Permit will not be detrimental to Ith, safety, convenience, welfare, or materially roperty or improvements in the vicinity and h the property is located. Structural plan check, Fire Department ap processes will ensure to the public health, properties or improve Covenant and Agree maintain a single-fam The proposed projec provisions of the Calif City permits, and inspections; soils report and royals, are required for construction. These that the finished project will not be detrimental afety, or welfare, or materially injurious to the ents in the vicinity. Additionally, a Recorded ent is required and runs with the land to y residence. has been reviewed in compliance with the rnia Environmental Quality Act (CEQA). U The City has determi exempt per the 1970 Section 15301(e). ed that the proposed project is categorically ;alifornia Environmental Quality Act (CEQA), 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approv s this Application subject to the following conditions: (a) The project shall sub tantially conform to site plan, floor plans, elevations and roof pl n collectively labeled as Exhibit "A" dated May 24, 2005, as sub fitted to, amended herein, and approved by the Planning Commission. 7 (b) The subject site sh II be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of th entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste ontractor, who has been authorized by the City to provide collection, ransportation, and disposal of solid waste from residential, commerci I, construction, and industrial areas within the City. It shall be the pplicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such servi es. PUBLIC WORKS (c) erosion control pla Works/Engineering Di System (NPDES) sta Management Practice control plan shall conf construction started a plan; surface water minimum slope. Ero Works Division illustra The applicant shall su (d) If applicable, the appli Water Mitigation Plan Engineer. BUILDING AND SAFETY 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% ion control measures shall be in place for er 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. ant shall comply with Standard Urban Storm requirements to the satisfaction of the City (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) Mechanical Codes. The single family structure shall meet the 2001 California Building Code including smoke detectors and rescue window and egress requirements; and 2001 editions of the Electrical, Plumbing, and (h) This single family structure shall meet the State Energy Conservation Standards. (4) Chimneys sh screen. architect/engineer with wet stamp and signature. PLANNING 0) "C" exposure. The submit drawings The minimum desig Prior to the Building Chapter 18 of the 2 setback shall be sh (k) The single family stricture requires Fire Department approval and is located in "High Ha and Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof coveri (2) (3) fire stopped members and All enclosed u than '/4 inch n shall be cover walls; All openings i where such o (I) (m) (n) The applicant shall c Building and Safety, fountains, dense plan front setback shall no yard prior to the Plann The landscaping/irrig dwelling. The property commercial/institution and resources. The s and shall not result in creates adverse effec setting of the residenti traffic, or other disturb wind pressure shall be 80 miles per hour and ity is in seismic zone four (4). Applicant shall nd calculations prepared by a licensed and Safety plan check submittal, the building wn from any slope (toe or top) and shall meet O1 California Building Code. g shall be "Fire Retardant." Tile roofs shall be t the eaves to preclude entry of the flame or r the fire; der -floor areas shall be constructed as exterior to the attic, floor, and/or other enclosed areas d with corrosion -resistant wire mesh not less r more than % inch in any dimension except enings are equipped with sash or door; and II have spark arresters of maximum Y2 inch mply with the requirements of City Planning, ublic Works Divisions, and the Fire Department. tion shall be installed or replaced in the front ng Division's final inspection. Any walls, gates, material, etc., that may be proposed within the exceed a maximum height of 42 inches. The single family resi ence shall not be utilized in a manner that s upon the neighborhood and environmental I site to levels of dust, glare/light, noise, odor, nces to the existing residential neighborhood ignificantly adverse effects on public services ngle family residence shall not be used for I purposes, or otherwise used as a separate shall not be used for regular gatherings which result in a nuisance o neighborhood. (0) The owners shall com Maintain a Single fam City. The covenant n Angeles County's Rec permit. (p) (q) (r) 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 ust be completed and recorded with the Los order's Office prior to the issuance of a building This approval is valii (i.e., construction) witl one (1) year extension I for two (2) years and shall be exercised in that period or this approval shall expire. A may be approved when submitted to the City in writing at least 60 da s 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 Municip I Code. 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 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 A Code Section 711.4 a 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 uv 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 15.00 for a documentary handling fee in id Game Code requirements. Furthermore, if npt from a filing fee imposed because the a deminimis impact on fish and wildlife, the y to the Department of Fish and Game any Ihich the Department determines to be owed. The Planning Commission shall: (a) (b) Certify to the adoption Of this Resolution; and Forthwith transmit a ce ified copy of this Resolution, by certified mail to James M. and Kelle L. Golondzinier, 24339 Northview Place, Diamond Bar, CA 9176t I APPROVED AND ADOPTED THIS 24th DAY OF MAY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I,Nancy, Ffing, Planning Commission Ac>ing Secretary, do hereby certifythatthe foregoing Resoluti n was duly introduced, passed, and adopted, at a regular meeting of the Planning Comm' sion held on the 24th day of May 2005, by the following vote: AYES: Commissioner: T naka, Nolan, Tye, V/C Low, Chair McManus NOES: Commissioner: N ne ABSENT: Commissioner: N ne ABSTAIN: Commissioner: 11