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HomeMy WebLinkAboutPC 2005-33PLANNING COMMISSION RESOLUTION NO. 2005-33 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-251 MINOR CONDITIONAL USE PERMIT NO. 2005-12 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 900 SQUARE FEET ONE STORY ADDITION AT THE REAR OF THE EXISTING 1,552 LIVABLE SQUARE FEET, TWO STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBER 8704-047-017, ADDRESSED 24249 SEAGREEN DRIVE (LOT 17, TRACT NO. 33020), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Patricia Covarrubias, filed Development Review No. 2005-25/Minor Conditional Use Permit No. 2005-12 applications for a property identified as assessor parcel number 8704-047-017, located at 24249 Seagreen Drive (Lot 17, Tract No. 33020), 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 September 14, 2005, 96 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 September 16, 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 September 27, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is assessor parcel number 8704-047-017, addressed 24249 Seagreen Drive (Lot 17 Tract 33020), Diamond Bar, California. The parcel is approximately .21 gross acres: 9,002 grosslusable square feet. The lot's shape is nearly rectangular with an existing two story, legal nonconforming single family residence approved and completed in 1984. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single family Residence, R-1-9,000. (c) The R-1-9,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct an approximate 900 square feet one story addition at the rear of the existing 1,552 livable square feet, two story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback 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 guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a two story, single family residence, was established before the adoption of the City's General 2 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 objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent; it is comparable with the existing neighborhood; it meets the required height limitations; and it does not encroach further into the setbacks than the existing structure. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Golden Springs Drive and High Knob Road 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 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 proposed one story addition is in the rear. The design's multi-level roofs, windows, and stucco add texture and contrast, variety, and low maintenance 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 proposed development will provide a desirable environment for its occupants and visiting public, as well as its 3 neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. 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. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits and inspections, soils analysis as needed, and 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 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 in accordance to the 1970 California Environmental Qualify Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of 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 vicinity. Many one and two story structures in the vicinity have remodeled and added square footage. (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 the City Design Guidelines. n (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. 33020, Lot 17, as .21 acres. The existing structure was completed under the Los Angeles County Code in 1984 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 on, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which 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 approximately 16 feet from the property line. Like the other homes, the setback looks larger because 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 exists. 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. Structural plan check, City permits and inspections, soils analysis as needed, and 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 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. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 5 the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -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, City permits and inspections, soils analysis as needed, and 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 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. 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 provisions 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 plan. 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, size and operating characteristics of the proposed use are compatible 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 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. C As stated in Items (e -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, health, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which 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-family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and roof plan collectively labeled as Exhibit "A" dated September 27, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 7 PUBLIC WORKS (c) The applicant shall submit a Drainage Plan to the Engineering/Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. Erosion control measures shall be in place for construction started after October 1 through April 15. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BM P's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Division. (d) if applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY PLANNING (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 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 Mechanical Codes. (h) This single family structure shall meet the State Energy Conservation Standards. (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} The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (k) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, dense plant material, etc., that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (I} The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. {m) The owner 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 priorto the issuance of a building permit. (n) 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. (o) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware 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. (p) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 9 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 Patricia Covarrubias, 24249 Seagreen Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th DAY OF SEPTEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ,�C/ Ye McManus, Chairman I, Nancy Fo g, Acting Secretary to the Planning Commission, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of September 2005, by the following vote: AYES: Commissioner: Noun, Torng, Lee, VC/Low, C/McManus NOES: Commissioner: None. ABSENT: Commissioner: None. ABSTAIN: Commissioner: None. ATTEST: Nancy Fong c ing Se retary 10 PLANNING COMMISSION RESOLUTION NO. 2005-33 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-251 MINOR CONDITIONAL USE PERMIT NO. 2005-12 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 900 SQUARE FEET ONE STORY ADDITION AT THE REAR OF THE EXISTING 1,552 LIVABLE SQUARE FEET, TWO STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBER 8704-047-017, ADDRESSED 24249 SEAGREEN DRIVE (LOT 17, TRACT NO. 33020), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Patricia Covarrubias, filed Development Review No. 2005-25/Minor Conditional Use Permit No. 2005-12 applications for a property identified as assessor parcel number 8704-047-017, located at 24249 Seagreen Drive (Lot 17, Tract No. 33020), 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 September 14, 2005, 96 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 September 16, 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 September 27, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is assessor parcel number 8704-047-017, addressed 24249 Seagreen Drive (Lot 17 Tract 33020), Diamond Bar, California. The parcel is approximately .21 gross acres: 9,002 gross/usable square feet. The lot's shape is nearly rectangular with an existing two story, legal nonconforming single family residence approved and completed in 1984. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single family Residence, R-1-9,000. (c) The R-1-9,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct an approximate 900 square feet one story addition at the rear of the existing 1,552 livable square feet, two story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback 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 guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a two story, single family residence, was established before the adoption of the City's General 2 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 objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. M (9) 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 structure. 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. Golden Springs Drive and High Knob Road 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 surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. 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 one story addition is in the rear. The design's multi-level roofs, windows, and stucco add texture and contrast, variety, and low maintenance 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 proposed development will provide a desirable environment for its occupants and visiting public, as well as its 3 neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. U) 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 analysis as needed, and 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 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. 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 to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. (I) As stated in Item (g), the 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. 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 the City Design Guidelines. 4 (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. 33020, Lot 17, as .21 acres. The existing structure was completed under the Los Angeles County Code in 1984 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 on, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which 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 approximately 16 feet from the property line. Like the other homes, the setback looks larger because 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 exists. 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. Structural plan check, City permits and inspections, soils analysis as needed, and 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 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. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 5 the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -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, City permits and inspections, soils analysis as needed, and 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 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. MINOR CONDITIONAL USE PERMIT (p) (q) 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 provisions 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. The proposed use is consistent with the General Plan and any applicable specific plan. 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, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (s) As stated in Items (e -o), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. 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. 6 As stated in Items (e -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, health, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which 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-family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and roof plan collectively labeled as Exhibit "A" dated September 27, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 7 PUBLIC WORKS (c) The applicant shall submit a Drainage Plan to the Engineering/Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. Erosion control measures shall be in place for construction started after October 1 through April 15. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Division. (d) If applicable, the applicant 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) (g) If required by the Building Official, a construction fence shall protect the project. 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 Mechanical Codes. (h) This single family structure shall meet the State Energy Conservation Standards. PLANNING G) 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. The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (k) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, 8 fountains, dense plant material, etc., that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (I) (m) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. The owner 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. (n) 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. (o) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware 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. (p) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 9 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 Patricia Covarrubias, 24249 Seagreen Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th DAY OF SEPTEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Nancy Fong, Acting Secretary to the Planning Commission, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of September 2005, by the following vote: AYES: Commissioner: Nolan, Torng, Lee, VC/Low, C/McManus NOES: Commissioner: None. ABSENT: Commissioner: None. ABSTAIN: Commissioner: None. ATTEST: Nancy Fong//—kcfing Se 10