HomeMy WebLinkAboutPC 2006-29PLANNING COMMISSION
RESOLUTION NO. 2006-29
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING DEVELOPMENT REVIEW NO. 2006-12/MINOR
CONDITIONAL USE: PERMIT NO. 2006-07 AND CATEGORICAL
EXEMPTION 15301(e), A REQUEST TO REMODEL AND
CONSTRUCT THE ONE AND TWO-STORY ADDITION OF
APPROXIMATELY 2,163 SQUARE FEET WITH 464 SQUARE FEET
OF PATIOS AND BALCONIES, AND ADDITIONAL DRIVEWAY
PARKING TO THE EXISTING 2,601 SQUARE FEET, TWO-STORY,
LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A
TWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL
NUMBER 8281-035-067, 24418 TOP COURT (LOT 26, TRACT
NO. 42587), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owners, Himanshu D. and Bhavna H. Tanna, filed
Development Review No. 2006-12/Minor Conditional Use Permit
No. 2006-07 applications for a property identified as assessor parcel number
8281-035-067, located at 24418 Top Court (Lot 26, Tract No. 42587),
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 June 29 and June 30, 2006, 55 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 June 30, 2006, the project's
public hearing notification was published in the San Gabriel Valley Tribune
and Inland Valley Dailv Bulletin newspapers and a public hearing notice
display board was posted at the site.
3. On July 11, 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:
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 per 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 8281-035-067,
24418 Top Court (Lot 26 Tract 42587), Diamond Bar, California. The
parcel is approximately .38 acre or 16,704 gross/usable square feet.
The lot's irregular shape is narrow at the cul-de-sac and wider at the
rear with an existing two-story, legal nonconforming single family
residence approved and completed in 1988.
(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-1-8,000.
(c) The R-1-8,000 zone and single family uses surround the site.
(d) The Application requests to remodel and construct the one and two-
story addition of approximately 2,163 square feetwith 464 square feet
of patios and balconies, and additional driveway parking to the
existing 2,601 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
2 Planning Commission Resolution No. 2006-29
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
Plan and current Municipal Code. The adopted July 25, 9995, 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 Armitos Place adequately serve the project
site. These and the neighboring streets are designed to handle
minimum traffic created by residential development. The project site is
currently developed with a 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.
Although the existing siding and wood trim are eliminated and the
structure is modernized with stucco and stucco trim, the contemporary
architectural style is retained. The proposed one and two-story
addition enlarges the house in the front, side and rear and the
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Planning Commission Resolution No. 2006-28
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
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 ensurethat 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 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.
4 Planning Commission Resolution No. 2006-29
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 City Design Guidelines.
{m) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming a restriction to the eventualffuture compliance
with the applicable regulations of the Municipal Code.
Los Angeles County approved the existing parcel of Tract Map
No. 42587, Lot 26, as .38 acres; and, approved the existing structure
with the Los Angeles County Code in 9988 meeting 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 C'ode's adoption, November 3, 9998, 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 info the
setbacks than the comparable portions of the existing structure where
the nonconformity exists. No further nonconforming status of this
parcel is anticipated.
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Planning Commission Resolution No. 2006-29
(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
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-0), the proposed use is allowed within the zoning
district and complies with all other applicable provisions of the
Municipal Code.
6 planning commission Resolution No. 2006-29
(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 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 forthe 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, 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 in accordance to the 1970 California Environmental Quality
Act (CEQA), Section 15301(e).
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the attached
Standard Conditions.
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Planning Commission Resolution No, 2006-29
APPROVED AND ADOPTED THIS 11th DAY OF JULY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
B:�
Y -
Steve Nelson, Vice Chairman
I, Nancy Fong, 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 11th day of July 2006, by the following vote:
AYES: Commissioners: Lee, Everett, VC/Welson
NOES: Commissioners: Mone
ABSENT: Commissioners: Torng
ABSTAIN: Commissioners: :lone
ATTEST:
Nancy Fong, mnity evelopment Director
8 Planning commission Resolution No. 2006-29
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: Development Review Number 2006-12 and Minor Conditional
Use Permit No. 2006-07
SUBJECT: A re uq est to remodel and construct a one and two-story addition
of approximately_ 2,163 square feet with 464 square feet of patios
and balconies, and additional driveway parking to the existing
2,601 square feet, two-story, legal nonconforming single family
residence with a two car aarage.
APPLICANTS: Himanshu D. and l3havna H. Tanna
LOCATION: 24418 Top Court
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review Number 2006-12 and
Minor Conditional Use Permit No. 2006-07 brought within the time period
provided by Government Code Section 66499.37. In the event the city
and/or its officers, agents and employees are made a party of any such
action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
9
Planning Commission Resolulion No. 2006-29
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review Number 2006-12 and Minor
Conditionals Use Permit No. 2006-07, at the City of Diamond Bar
Community and Development Services Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2006-29,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site, all conditions of approval shall be
completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
81 Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
g. 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
10 Planning Commission Resolution No. 2006-29
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.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts forthe processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review Number 2006-12 and Minor
Conditional Use Permit No. 2006-07 shall expire within two years from the
date of approval if the use has not been exercised as defined per Municipal
Code Section 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to Municipal Code Section 22.60.050(c) for
Planning Commission approval.
D. SITE DEVELOPMENT
1. The site plan shall indicate the existing patio cover to be removed
2. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively attached hereto as Exhibit
"A" including: site plans, floor plans, architectural elevations, exterior
materials and colors, landscaping, on file in the Planning Division, the
conditions contained herein, and Development Code regulations.
3. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence" on a
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Planning Commission Resolution No. 2006-29
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
4. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc. shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
5. All roof mounted equipment shall be screened from public view.
E. LANDSCAPE
1. All landscape and driveway reconstruction plans shall be coordinated for
consistency prior to issuance of City permits (such as grading, tree removal,
encroachment, building, etc.) or approved use has commenced, whichever
comes first.
2. Prior to issuance of any permits, detailed landscape plan with the type of
planting materials, color, size, quantity and location; the irrigation system,
and driveway reconstruction plans shall be submitted to the Planning Division
for review and approval.
3. Prior to the Planning Division's final inspection and/or Certificate of
Occupancy issuance, the landscaping/irrigation shall be installed or replaced.
Any dense plant material proposed in the front setback shall not exceed a 42
inches maximum height.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and 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 used has obtained permits from the City of Diamond Bar to
provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
12 planning Commission Resolution No. 2006-29
3. Trash receptacles are required and shall meet City standards and shall be
shielded from public view.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
Detailed drainage system information of the lot with careful attention to any
flood hazard area and swales shall be submitted. All drainage/runoff from
the development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels, unless
that is the natural drainage course.
2. An Erosion Control Plan shall be submitted concurrently with the drainage
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 15t and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES;I standards and incorporate the appropriate Best
Management Practices (BMP's).
3. The Owner shall execute and record a covenant agreement to
maintain and hold the City harmless for all existing improvements in
the public right-of-way.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. Submit Public Works Department approved drainage plan.
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Planning Commission Resolution No. 2006-29
5. All balconies shall be designed for 601b. live load.
6. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
7. indicate all easements on the site plan.
8. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exteriorwall.
b. 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 112 inch in any dimension except where such openings are
equipped with sash or door.
9. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
10. Specify location of tempered glass as required by code.
11. The door between garage and the house shall be 1 3/8" solid core door, self
closing. Walls and ceiling between living space and garage shall be 518 type
X.
12. All bedrooms shall comply with all rescue window requirements and size of
all windows shall be specified on the plans.
13. Provide arc fault protection for all new bedroom outlets. Provide ground fault
protection for all new bathrooms, kitchen and laundry outlets.
14. Indicate compliance with heating requirements for the new addition.
15. Provide 30 inch clear width for water closet with 24 inch clear in front.
16. Specify if the existing walls removed are bearing or non-bearing. If bearing
provide beams, columns, and foundation design and details.
14 Planning Commission Resolution No. 2006-29
PLANNING COMMISSION
RIESOLUTION NO. 2006-29
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING DEVELOPMENT REVIEW NO. 2006-12/MINOR
CONDITIONAL USE PERMIT NO. 2006-07 AND CATEGORICAL
EXEMPTION 15301(e), A REQUEST TO REMODEL AND
CONSTRUCT THE ONE AND TWO-STORY ADDITION OF
APPROXIMATELY 2,163 SQUARE FEET WITH 464 SQUARE FEET
OF PATIOS AND BALCONIES, AND ADDITIONAL DRIVEWAY
PARKING TO THE EXISTING 2,601 SQUARE FEET, TWO-STORY,
LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A
TWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL
NUMBER 8281-035-067, 24418 TOP COURT (LOT 26, TRACT
NO. 42587), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1 The property owners, Himanshu D. and Bhavna H. Tanna, filed
Development Review No. 2006-12/Minor Conditional Use Permit
No. 2006-07 applications for a property identified as assessor parcel number
8281-035-067, located at 24418 Top Court (Lot 26, Tract No. 42587),
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 June 29 and June 30, 2006, 55 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 June 30, 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.
On July 11, 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 per 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 8281-035-067,
24418 Top Court (Lot 26 Tract 42587), Diamond Bar, California. The
parcel is approximately. 38 acre or 16,704 gross/usable square feet.
The lot's irregular shape is narrow at the cul-de-sac and wider at the
rear with an existing two-story, legal nonconforming single family
residence approved and completed in 1988.
(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-1-8,000.
(c) The R-1-8,000 zone and single family uses surround the site.
(d) The Application requests to remodel and construct the one and two-
story addition of approximately 2,163 square feetwith 464 square feet
of patios and balconies, and additional driveway parking to the
existing 2,601 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
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Planning Commission Resolution No. 2006-29
area (e.g., theme areas, specific plans, community plans, boulevards,
or planned developments.
M
(9)
The project site, currently developed with a two-story, single family
residence, was established before the adoption of the City's General
Plan and current Municipal Code. The adopted July 25, 1995, General
Plan land use designation is Low Density Residential (RL) (maximum
3 dwelling units/per acre). The Application complies with the City's
General Plan 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.
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 Armitos Place adequatelyserve 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.
Although the existing siding and wood trim are eliminated and the
structure is modernized with stucco and stucco trim, the contemporary
architectural style is retained. The proposed one and two-story
addition enlarges the house in the front, side and rear and the
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Planning Commission Resolution No. 2006-29
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
neighbors, through good aesthetic use of materials, texture, and color
that is aesthetically appealing.
a)
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(a),
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.
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Planning Commission Resolution No. 2006-29
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)
(m)
The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming inconsistent with the General Plan or any
applicable specific plan.
As stated in Items (e) and (g), the proposed project is consistent with
the City's General Plan objectives and strategies, Chapter 22.48 of
the Municipal Code, and City Design Guidelines.
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.
Los Angeles County approved the existing parcel of Tract Map
No. 42587, Lot 26, as.38 acres; and, approved the existing structure
with the Los Angeles County Code in 1988 meeting the required
setbacks of that Code prior to the City's incorporation.
Legal nonconforming is defined as any parcel or structure that was
legally created or constructed prior to the current Diamond Bar
Municipal Code's adoption, November 3, 1998, and which does not
conform to current Code provisions/standards prescribed for the
zoning district in 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.
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Planning Commission Resolution No. 2006-29
(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
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.
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Planning Commission Resolution No. 2006-29
(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 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.
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 in accordance to the 1970 California Environmental Quality
Act (CEQA), Section 15301(e).
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the attached
Standard Conditions.
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Planning Commission Resolution No. 2006-29
APPROVED AND ADOPTED THIS 11th DAY OF JULY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Nelson, Vice Chairman
I, Nancy Fong, 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 11th day of July 2006, by the following vote:
AYES: Commissioners: Lee, Everett, VC/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: Torng
ABSTAIN: Commissioners:
ATTEST:
None
Nancy Fong, cgrfimunity Qevelopment Director
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Planning Commission Resolution No. 2006-29
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: Development Review Number 2006-12 and Minor Conditional
Use Permit No. 2006-07
SUBJECT: A request to remodel and construct a one and two-story addition
of approximately 2,163 square feet with 464 square feet of patios
and balconies, and additional driveway parking to the existing
2,601 square feet, two-story, legal nonconforming single family
residence with a two car garage.
APPLICANTS: Himanshu D. and Bhavna H. Tanna
LOCATION: 24418 Top Court
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A.
GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review Number 2006-12 and
Minor Conditional Use Permit No. 2006-07 brought within the time period
provided by Government Code Section 66499.37. In the event the city
and/or its officers, agents and employees are made a party of any such
action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
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Planning Commission Resolution No.2006-29
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review Number 2006-12 and Minor
Conditional Use Permit No. 2006-07, at the City of Diamond Bar
Community and Development Services Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2006-29,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site, all conditions of approval shall be
completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. 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
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Planning Commission Resolution No. 2006-29
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.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review Number 2006-12 and Minor
Conditional Use Permit No. 2006-07 shall expire within two years from the
date of approval if the use has not been exercised as defined per Municipal
Code Section 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to Municipal Code Section 22.60.050(c) for
Planning Commission approval.
D. SITE DEVELOPMENT
1. The site plan shall indicate the existing patio cover to be removed.
2. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively attached hereto as Exhibit
"A" including: site plans, floor plans, architectural elevations, exterior
materials and colors, landscaping, on file in the Planning Division, the
conditions contained herein, and Development Code regulations.
3. Prior to the issuance of any permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single -Family Residence" on a
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Planning Commission Resolution No. 2006-29
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
4. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc. shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
5. All roof mounted equipment shall be screened from public view.
E.LANDSCAPE
1. All landscape and driveway reconstruction plans shall be coordinated for
consistency prior to issuance of City permits (such as grading, tree removal,
encroachment, building, etc.) or approved use has commenced, whichever
comes first.
2. Prior to issuance of any permits, detailed landscape plan with the type of
planting materials, color, size, quantity and location; the irrigation system,
and driveway reconstruction plans shall be submitted to the Planning Division
for review and approval.
3. Prior to the Planning Division's final inspection and/or Certificate of
Occupancy issuance, the landscaping/irrigation shall be installed or replaced.
Any dense plant material proposed in the front setback shall not exceed a 42
inches maximum height.
F. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and 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 used has obtained permits from the City of Diamond Bar to
provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
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Planning Commission Resolution No. 2006-29
3. Trash receptacles are required and shall meet City standards and shall be
shielded from public view.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1 Detailed drainage system information of the lot with careful attention to any
flood hazard area and swales shall be submitted. All drainage/runoff from
the development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels, unless
that is the natural drainage course.
2. An Erosion Control Plan shall be submitted concurrently with the drainage
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1st and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).
3. The Owner shall execute and record a covenant agreement to
maintain and hold the City harmless for all existing improvements in
the public right-of-way.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. Submit Public Works Department approved drainage plan.
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Planning Commission Resolution No. 2006-29
5. All balconies shall be designed for 601b. live load.
6. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
7. Indicate all easements on the site plan.
8. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. 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.
9. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
10. Specify location of tempered glass as required by code.
11. The door between garage and the house shall be 1 3/8" solid core door, self
closing. Walls and ceiling between living space and garage shall be 5/8 type
X.
12. All bedrooms shall comply with all rescue window requirements and size of
all windows shall be specified on the plans.
13. Provide arc fault protection for all new bedroom outlets. Provide ground fault
protection for all new bathrooms, kitchen and laundry outlets.
14. Indicate compliance with heating requirements for the new addition.
15. Provide 30 inch clear width for water closet with 24 inch clear in front.
16. Specify if the existing walls removed are bearing or non-bearing. If bearing
provide beams, columns, and foundation design and details.
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Planning Commission Resolution No. 2006-29
