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HomeMy WebLinkAboutPC 2006-09PLANNING COMMISSION RESOLUTION NO. 2006-09 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-041MINOR CONDITIONAL USE PERMIT NO. 2006-011MINOR VARIANCE NO. 2006-01 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,683 GROSS SQUARE FEET ADDITION INCLUDING PORCH, BALCONY/PATIO COVER, STORAGE ROOM AND GARAGE TO AN EXISTING 2,577 LIVABLE SQUARE FEET TWO-STORY SINGLE-FAMILY RESIDENCE. A MINOR CONDITIONAL USE PERMIT APPROVAL PERMITS THE CONTINUATION OF LEGAL NONCONFORMING FRONT AND SIDE YARD SETBACKS. THE MINOR VARIANCE APPROVAL PERMITS A DECREASE OF THE REQUIRED SETBACK FOR THIS IRREGULARLY SHAPED LOT. THE PROJECT SITE IS LOCATED AT 22088 CEDARDALE DRIVE (LOT 23, TRACT NO. 31153, APN 8293-039-033), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Dr. Jacob Said, and applicant, Khanjian Agop, filed Development Review No. 2006-04/Minor Conditional Use Permit No. 2006-01 and Minor Variance No. 2006-01 applications for a property located at 22088 Cedardale Drive (Lot 23, Tract No. 31153, APN 8293-039- 033), 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, Minor Variance, and Categorical Exemption shall be referred to as the "Application." 2. On February 14, 2006, 107 property owners in and near the project's 500 - foot radius were mailed a public hearing notice and three other locations in the application's vicinity were posted with the public hearing notice. On February 17, 2006, 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 February 28, 2006, 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 o Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is addressed 22088 Cedardale Drive (Lot 23 Tract 31153, Assessor Parcel Number 8293-039-033), Diamond Bar, California. The parcel is approximately .54 gross acres: 15,000 usable square feet. The lot is irregularly-shaped with an existing two-story, legal nonconforming single-family residence approved and completed in 1983. (b) The General Plan Land Use designation is Low Medium Residential (RLM), minimum lot area 8,000 square feet. The site is zoned Single- family Residence, R-1-8,000. (c) The R-1-8,000 zone and single-family uses surround the site. (d) The Application requests to remodel and construct an approximate 1,683 gross square feet addition including porch, balcony/patio cover, storage room and garage to an existing 2,577 livable square feet two- story single-family residence. A Minor Conditional Use Permit approval permits the continuation of legal nonconforming front and side yard setbacks. The Minor Variance approval permits a decrease of the required setback for this irregularly shaped lot. 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 K area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, developed with a two-story single-family residence, was established before the July 25, 9995, General Plan adoption and current Municipal Code. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Medium Residential (minimum lot 8,000 SFJ land use designation. The proposed use is zoned for single-family residence at R-1-8,000. There is no specific or additional community planned development for the site. (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. Cedardale Drive and Sunbluff Drive adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is developed with a two-story, legal nonconforming single-family residence. The Application does not change the existing single-family use. The Application maintains the existing style consistent with surrounding properties. The Application 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 Application's multi-level roofs, decorative windows, balcony/patio cover with wrought iron railing, stucco and window, door and trim moldings add texture, contrast, variety, and low maintenance materials. The Application's architectural design and palette are compatible with other neighboring homes architectural style and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. 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 neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. 3 The proposed colors, materials, and textures are consistent with and complimentary to the existing homes in 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 phe eaffeaes ffect on property values or resale(s) of property) improvements in the vicinity. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. 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 Application is categorically exempt in accordance to the 1970 Califomia 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. As stated in Item (g), the Application is compatible with other structures in the vicinity. Many structures in the vicinity have remodeled and increased 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 Item (e) and (g), the Application is consistent with the City's General Plan objectives and strategies, Municipal Code Section 22.48, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in C! the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The parcel was approved by Tract Map No. 31153, Lot 23, as .54 acres. The existing structure was completed in accordance to the Los Angeles County Code in 1983 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 does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. Many structures in this tract were approved with the 15 feet front setback measurement and a six feet city parkway. 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 new construction does not exceed the applicable height limit and with the approval of the Minor Variance encroaches minimally into the front setback on this irregularly shaped lot and is consistent with other properties in the neighborhood. 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. 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 the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the Application's architectural design is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development 5 contemplated by Municipal Code Section 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. 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 districtwith the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. As stated in items (e -o), the proposed use is allowed in the zoning district and complies with 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 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,. are 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. 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, or welfare or [01 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 analysis as needed, and Fire Department approval are required for construction. 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. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has detemnined that the Application is categorically exempt in accordance to the 9970 California Environmental Quality Act (CEQA), Section 95301(e). MINOR VARIANCE (v) There are special circumstances applicable to the property (e.g., location, shape; size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. The owner requests six (6) inches at a small portion of the front elevation because of the street's curvature. Most of the structure maintains or exceeds the existing legal nonconforming 16.5 feet front setback except for approximately three (3) feet of the 55 feet front elevation width. Many of the lots in this neighborhood are rectangular, but this irregularly shaped lot is narrow at the front setback and widens at the rear. The main structure's placement and lot configuration are special circumstances for this application. The adjustment of six (6) inches in the front setback when added to the city's six feet parkway provides the appearance of a 22 feet setback. The strict application of the Municipal Code's front setback standard denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. This creates an unnecessary and non -self created hardship that makes it impractical to require compliance with the development standards. 7 (w) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. There are homes in the same vicinity that have added square footage to their homes. Granting the Minor Variance will allow the applicant the enjoyment of substantial property rights possessed by other property owners in the same vicinity. The Diamond Bar Development Code Minor Variance approval may allow up to a 20% for setback variation. The Applicant is requesting 20% or four (4) feet fora 16 feet distance. However, the existing project is legal nonconforming at 16.5 feet and the actual request is forsix (6) inches for approximately three (3) feet of the 55 feet front elevation width (x) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The proposed single-family residence is consistent the City's General Plan. The proposed single-family residence complies with the applicable standards for the R-1-8,000 zoning district with the exception of this front setback. (y) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. 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. (z) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt in accordance to 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: 0 GENERAL (a) The project shall substantially conform to cover, site plan, floor plans, elevations, roof plan, and sections collectively labeled as Exhibit "A" dated February 28, 2006, 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 in the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. ENGINEERINGIPUBLIC WORKS (c) The applicant shall submit a Drainage Plan 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 starting 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 (SUSMP) requirements to the satisfaction of the City Engineer. (e) The owner shall execute and record a covenant and agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. BUILDING AND SAFETY (f} The applicant shall provide temporary sanitation facilities during construction. (g) If required by the Building Official, a construction fence shall protect the project. (h) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (j) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (j) This single-family structure shall meet the State Energy Conservation Standards. (k) 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 architectlengineer with wet stamp and signature. (l} Applicant shall verify Fire Department requirements and shall meet the Hi h Hazard Fire Zone as required including that all openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch or more than 112 inch in any dimension except where such openings are equipped with sash or door. (m} Applicant shall provide accurate square feet for existing/new/remodeled areas on structural plans. (n) Separate submittals and permits are required for accessory structures. (o) Structural plans shall specify location of tempered glass as required by code including glass at tub in master bath. (p) Kitchen and bathroom lights shall be fluorescent fixtures (q) Structural plans shall specify 114"/ft slope for ail decks and balconies with approved water proofing material and indicate guardrail connection detail and calculations. (r) Structural plans shall indicate door between garage and the house and shall be 1 318" solid core door self closing. Walls and ceiling between living space and garage shall be 5/8 type X. (s) Hard wired smoke detectors with battery back-up shall be installed in all bedrooms and hallways leading into sleeping areas. (t) All bedrooms shall comply with rescue window requirements. 10 PLANNING be (u) The reworked in front of ed so that the new he front yardtairs co pies with the 50percent removed and rework landscape regulation and driveway width. (v) The applicant shall comply with the requirements of City Planning, Building and Safety Division, the Public Works Department, and the Fire Department. (w) The land sca pinglirri g ation 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 in the front setback shall not exceed a maximum height of 42 inches. (x) The single-family residence shall not be used 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. (y) The owner shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single-family Residence" on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit_ (z) This approval is valid for two (2) years and shall be exercised (i.e., construction) in 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 to Chapter 22.72 of the City of Diamond Bar Municipal Code. (aa) 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, in fifteen (15) days of approval, at the City of Diamond Bar Community 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. 11 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 Dr. Jacob Said, 22088 Cedardale Drive, Diamond Bar, CA 91765 and Applicant, Khanjian Agop, 2721 N. Michigan Avenue, Pasadena, CA 91106. APPROVED AND ADOPTED THIS 28th DAY BAR. FRFEBRUARY 2006, BY THE PLANNING COMMISSION OF CITY OF DIAMOND A By: Ruth M. Low, Vice C airman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, a thregular l meeting of the Planning Commission held on the 28th day of February AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioner: Lee; Nolan; Toxng; QTc/Low Commissioner: None Commissioner: chi- -r Mr_Manus Commissioner: None 12 PLANNING COMMISSION RESOLUTION NO. 2006-09 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-041MINOR CONDITIONAL USE PERMIT NO. 2006-01IMINOR VARIANCE NO. 2006-01 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,683 GROSS SQUARE FEET ADDITION INCLUDING PORCH, BALCONY/PATIO COVER, STORAGE ROOM AND GARAGE TO AN EXISTING 2,577 LIVABLE SQUARE FEET TWO-STORY SINGLE-FAMILY RESIDENCE. A MINOR CONDITIONAL USE PERMIT APPROVAL PERMITS THE CONTINUATION OF LEGAL NONCONFORMING FRONT AND SIDE YARD SETBACKS. THE MINOR VARIANCE APPROVAL PERMITS A DECREASE OF THE REQUIRED SETBACK FOR THIS IRREGULARLY SHAPED LOT. THE PROJECT SITE IS LOCATED AT 22088 CEDARDALE DRIVE (LOT 23, TRACT NO.31153, APN 8293-039-033), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Dr. Jacob Said, and applicant, Khanjian Agop, filed Development Review No. 2006-04/Minor Conditional Use Permit No. 2006-01 and Minor Variance No. 2006-01 applications for a property located at 22088 Cedardale Drive (Lot 23, Tract No. 31153, APN 8293-039- 033), 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, Minor Variance, and Categorical Exemption shall be referred to as the "Application." 2. On February 14, 2006, 107 property owners in and near the project's 500 - foot radius were mailed a public hearing notice and three other locations in the application's vicinity were posted with the public hearing notice. On February 17, 2006, 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 February 28, 2006, 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 site is addressed 22088 Cedardale Drive (Lot 23 Tract 31153, Assessor Parcel Number 8293-039-033), Diamond Bar, California. The parcel is approximately.54 gross acres: 15,000 usable square feet. The lot is irregularly-shaped with an existing two-story, legal nonconforming single-family residence approved and completed in 1983. (b) The General Plan Land Use designation is Low Medium Residential (RLM), minimum lot area 8,000 square feet. The site is zoned Single- family Residence, R-1-8,000. (c) The R-1-8,000 zone and single-family uses surround the site. (d) The Application requests to remodel and construct an approximate 1,683 gross square feet addition including porch, balcony/patio cover, storage room and garage to an existing 2,577 livable square feet two- story single-family residence. A Minor Conditional Use Permit approval permits the continuation of legal nonconforming front and side yard setbacks. The Minor Variance approval permits a decrease of the required setback for this irregularly shaped lot. 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 2 M (9) area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, developed with a two-story single-family residence, was established before the July 25, 1995, General Plan adoption and current Municipal Code. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Medium Residential (minimum lot 8,000 SF) land use designation. The proposed use is zoned for single-family residence at R-1-8,000. There is no specific or additional community planned development for the site. 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. Cedardale Drive and Sunbluff Drive adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is developed with a two-story, legal nonconforming single-family residence. The Application does not change the existing single-family use. The Application maintains the existing style consistent with surrounding properties. The Application 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 Application's multi-level roofs, decorative windows, balcony/patio cover with wrought iron railing, stucco and window, door and trim moldings add texture, contrast, variety, and low maintenance materials. The Application's architectural design and palette are compatible with other neighboring homes architectural style and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. 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 neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. 3 (I) 0) The proposed colors, materials, and textures are consistent with and complimentary to the existing homes in 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. 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 Application 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 Application is compatible with other structures in the vicinity. Many structures in the vicinity have remodeled and increased 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 Application is consistent with the City's General Plan objectives and strategies, Municipal Code Section 22.48, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 4 the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The parcel was approved by Tract Map No. 31153, Lot 23, as .54 acres. The existing structure was completed in accordance to the Los Angeles County Code in 1983 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 does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. Many structures in this tract were approved with the 15 feet front setback measurement and a six feet city parkway. 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 new construction does not exceed the applicable height limit and with the approval of the Minor Variance encroaches minimally into the front setback on this irregularly shaped lot and is consistent with other properties in the neighborhood. 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. 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 the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the Application's architectural design is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development 5 contemplated by Municipal Code Section 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. 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 districtwith the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. As stated in Items (e -o), the proposed use is allowed in the zoning district and complies with 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 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,. are 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. 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, or welfare or 6 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 analysis as needed, and Fire Department approval are required for construction. 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. (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 Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). MINOR VARIANCE (v) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. The owner requests six (6) inches at a small portion of the front elevation because of the street's curvature. Most of the structure maintains or exceeds the existing legal nonconforming 16.5 feet front setback except for approximately three (3) feet of the 55 feet front elevation width. Many of the lots in this neighborhood are rectangular, but this irregularly shaped lot is narrow at the front setback and widens at the rear. The main structure's placement and lot configuration are special circumstances for this application. The adjustment of six (6) inches in the front setback when added to the city's six feet parkway provides the appearance of a 22 feet setback. The strict application of the Municipal Code's front setback standard denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. This creates an unnecessary and non -self created hardship that makes it impractical to require compliance with the development standards. 7 (w) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. There are homes in the same vicinity that have added square footage to their homes. Granting the Minor Variance will allow the applicant the enjoyment of substantial property fights possessed by other property owners in the same vicinity. The Diamond Bar Development Code Minor Variance approval may allow up to a 20% for setback variation. The Applicant is requesting 20% or four (4) feet fora 16 feet distance. However, the existing project is legal nonconforming at 16.5 feet and the actual request is forsix (6) inches for approximately three (3) feet of the 55 feet front elevation width (x) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. (Y) The proposed single-family residence is consistent the City's General Plan. The proposed single-family residence complies with the applicable standards for the R-1-8,000 zoning district with the exception of this front setback. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. 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. (z) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt in accordance to 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: 8 GENERAL (a) The project shall substantially conform to cover, site plan, floor plans, elevations, roof plan, and sections collectively labeled as Exhibit "A" dated February 28, 2006, 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 in the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. ENGINEERING/PUBLIC WORKS (c) The applicant shall submit a Drainage Plan 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 starting 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 (SUSMP) requirements to the satisfaction of the City Engineer. (e) The owner shall execute and record a covenant and agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. BUILDING AND SAFETY (f) The applicant shall provide temporary sanitation facilities during construction. (g) If required by the Building Official, a construction fence shall protect the project. 9 (h) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (i) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. U) This single-family structure shall meetthe State Energy Conservation Standards. (k) 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. (1) (m) Applicant shall verify Fire Department requirements and shall meet the High Hazard Fire Zone as required including that all openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1 /2 inch in any dimension except where such openings are equipped with sash or door. Applicant shall provide accurate square feet for existing/new/remodeled areas on structural plans. (n) Separate submittals and permits are required for accessory structures. (o) Structural plans shall specify location of tempered glass as required (p) (q) by code including glass at tub in master bath. Kitchen and bathroom lights shall be fluorescent fixtures Structural plans shall specify 1/4"/ft slope for all decks and balconies with approved water proofing material and indicate guardrail connection detail and calculations. (r) Structural plans shall indicate door between garage and the house and shall be 1 3/8" solid core door self closing. Walls and ceiling between living space and garage shall be 5/8 type X. (s) Hard wired smoke detectors with battery back-up shall be installed in all bedrooms and hallways leading into sleeping areas. (t) All bedrooms shall comply with rescue window requirements. 10 PLANNING (u) The flatwork in front of the new downstairs bedroom shall be removed and reworked so that the front yard complies with the 50 percent landscape regulation and driveway width. (v) The applicant shall comply with the requirements of City Planning, Building and Safety Division, the Public Works Department, and the Fire Department. (w) 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 in the front setback shall not exceed a maximum height of 42 inches. (x) The single-family residence shall not be used 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. (Y) The owner shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single-family Residence" on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (z) This approval is valid for two (2) years and shall be exercised (i.e., construction) in 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 to Chapter 22.72 of the City of Diamond Bar Municipal Code. (aa) 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, in fifteen (15) days of approval, at the City of Diamond Bar Community 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. 11 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 Dr. Jacob Said, 22088 Cedardale Drive, Diamond Bar, CA 91765 and Applicant, Khanjian Agop, 2721 N. Michigan Avenue, Pasadena, CA 91106. APPROVED AND ADOPTED THIS 28th DAY OF FEBRUARY 2006, BY THE PLANNING COMMISSION OF Tit-I2'CITY OF DIAMOND BAR. By: Ruth M. Low, Vice C I, Nancy Fang, 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 28th day of February 2006, by the following vote: AYES: Commissioner: Lee; Nolan; Torng; VC/Loa NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: ecreta 12