HomeMy WebLinkAboutPC 2006-34PLANNING COMMISSION
RESOLUTION NO. 2006-34
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2006-27 AND MINOR CONDITIONAL USE PERMIT NO. 2006-08,
A REQUEST FOR AN ADDITION OF 972 SQUARE FEET TO AN
EXISTING 1,365 SQUARE FOOT SINGLE FAMILY RESIDENCE FEET
ON AN EXISTING 7;,897 LOT AND REQUESTING APPROVAL FOR
CONTINUATION USE OF LEGAL NON -CONFORMING FRONT AND
SIDE SETBACKS. THE PROJECT SITE IS LOCATED AT
1723 ROUNDTREE CIRCLE (APN: 8292-020-047, LOT 98, TRACT
NO. 28579), DIAMOND BAR, CALIFORNIA.
A. RECITALS
Property owners, Mr. Michael and Mrs. Julia Sullivan, and applicant,
ProBuilder, have filed an application for Development Review No. 2006-27
and Minor Conditional Use Permit No. 2006-08, for property located at
1723 Roundtree Circle, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Development Review shall be
referred to as the "Application."
2. On July 28, 2006, public hearing notices were mailed to approximately 108
property owners wiithin a 500 -foot radius of the project site; notification of the
public hearing for this project was provided in the San Gabriel Valley Tribune
and Inland Valley Dailv Bulletin newspapers; and the project site was posted
with a display board and the public notice was posted in three public places.
3. On August 8, 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:
This 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 finds that the project identified above in
this Resolution is categorically exempt in accordance to Section 15301 (e) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located at 1723 Roundtree Circle (Lot 98 of
Tract 28579), Diamond Bar, California.
(b) The project site has a General Plan land use designation of
Low/Medium Residential (RML) Maximum 5 DU/AC;
(c) The project site is within the Single Family Residence -Minimum Lot
Size 8,000 Square Feet (R-1-8,000) Zone interpreted as Low/Medium
Residential (RML) Zone;
(d) Generally, to the north, south and east is the R-1-8,000 zone; and to
the west is the Single Family Residential -Minimum Lot Size 10,000
square feet (R-1-10,000) zone;
(e) The Application request for an addition of 972 square feet to existing
1,365 square foot Single Family Residence feet on an existing 7,897
lot and requesting approval for continuation use of legal non-
conforming front and side setbacks.
Development Review
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments);
2 Planning Commission Resolution No. 2006-34
On July 25, 1995, the City adopted its General Plan. Although Tract
No. 28579, Lot 98 (project site) was established prior to the City's
incorporation and General Plan's adoption. 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 of 8,000
SF) land use designation.
The proposed project consists of an addition of 972 square feet to an
existing 1,365 square foot Single Family Residence. Hence, the
proposed project meets all other development standards for the RML
zoning district as prescribed in the Development Code. .
The proposed project is not unusual for the surrounding area and is
consistent with other development within this community. The
proposed project will maintain the integrity and not degrade this
residential area. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed projects
architectural style (Mediterranean) and construction materials and
colors will snatch the existing residence which is compatible with the
eclectic architectural style, colors and material of other homes within
the community.
(g) 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;
With the approval and construction of the proposed project, the
current use of the project site will be maintained. As referenced
above in finding (t), the proposed project can be accommodated at
the project site. Additionally, the architectural style, color and
materials proposed will match the existing residence.
The proposed addition of 972 square feet to an existing 1, 365 square
foot Single Family Residence established in the surrounding
community and also consistent with otheradditions recently approved
by the Planning Commission. As such, the proposed project is not
expected to interfere with the use and enjoyment of neighboring
existing or future development. The proposed project is not expected
to intensify the existing use to an extent that will create traffic or
pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
3
Planning Commission Resolution No. 2006-34
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan;
The architectural style of the proposed site is a typical Mediterranean
design. The compatibility of the proposed project with the surrounding
residences is consistent with the City's Development Review
Standards, City Design Guidelines and City's General Plan. As a
result, the proposed project will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's
General Plan. There is no applicable specific plan for this area.
(i) 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 and will retain a reasonably
adequate level of maintenance;
As referenced in the above findings (f), (g), and (h), the proposed
project 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
while offering variety in color and texture and a low level of
maintenance.
(j) The proposed development will not be detrimental to 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;
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental QualityAct
(CEQA), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
4 Planning Commission Resolution No. 2006-34
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the: attached standard conditions:
PLANNING DIVISION
(a) The project shall substantially conform to plot plan, floor plans roof
plan, elevations, landscape plan, grading plan collectively labeled as
Exhibit "A" dated July 2 2006, as submitted and approved by the
Planning Commission, and as amended herein;
(b) 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 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 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 utilized
has obtained permits from the City of Diamond Bar to provide such
services;
(c) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal. The Applicant
shall provide temporary sanitation facilities while under construction;
(d) Applicant shall comply with Planning Division, Building and Safety
Division and Public Works Division requirements;
(e) 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
commerciallinstitutional 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;
5
Planning Commission Resolution No. 2006-34
(f) The owner shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence and Guest House" on a form to
be provided by the City. The covenant must be completed and
recorded with the Los Angeles County's Recorder's Office prior to the
issuance of a building permit;
PUBLIC WORKS DIVISION
(g) The Drainage Plan shall be prepared by a Civil Engineer, licensed in
the State of California, in accordance with the City's requirements for
plan check review and approval by the Public Works Division. The
Drainage Plan shall show the location of the retaining walls and
elevations of the top of wall/footing and finished grade on both sides
of the retaining walls. Additionally, surface water shall drain away from
the building at a 2% minimum slope;
(h) If applicable, all drainage/runoff from the development shall be
conveyed from the site to the natural drainage course or the adjacent
private street, with the exception of the drainage to the adjacent
private street, no on-site drainage shall be conveyed to adjacent
parcels. If required by the Public Works Director, the applicant shall
provide a hydrology study;
(i) Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
place for construction started after October 1, through April 15. The
erosion control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits;
BUILDING AND SAFETY
Q) Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(k) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval;
(1) Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval;
6 Planning commission Resolution No. 2006-34
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: Mr. Michael and Mrs. Julia Sullivan, 1723 Roundtree Circle,
Diamond Bar, CA 91765, and ProBuilder, 449 W. Allen Avenue,
Suite 109, San Dimas, CA 91773
APPROVED AND ADOPTED THIS 8th OF AUGUST 2006, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: r4(
Steve Nelson, Vice Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day
of August 2006, by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
Commissioners
Commissioners
Commissioners
Commissioners:
Torng, Lee, Wei, VC/Nelson
None.
None.
None.
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD
CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2006-27 and Minor
Conditional Use Permit No. 2006-08.
SUBJECT: Addition of 972 Square Feet to an existing 1,365
square foot Single Family Residence.
APPLICANT: Mr. Michael and Mrs. Julia Sullivan.
LOCATION: 1723 Roundtree Circle Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE DIVISIONPLANNING 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 No. 2006-27 and Minor
Conditional Use Permit No. 2006-08 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:
6o-8aw Il
epoylowely paa=l Planning Commission Resolution No. 2006-34
(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.
(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 No. 2006-27 and Minor Conditional
Use Permit No. 2006-08, 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. 2006-34,
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 any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
6. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
7. 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.
8. 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
60-1 w! I
epoyloelv paj:j Planning Commission Resolution No. 2006-34
regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
g. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
10. 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 for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review No. 2006-27 and Minor Conditional
Use Permit No. 2006-08 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 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 labeled hereto as Exhibit "A"
including: site plans, floor plans, architectural elevations, exterior materials
and colors, sign program, on file in the Planning Division, the conditions
contained herein, Development Code regulations, the Specific Plan, and the
Community Plan.
2. Prior to the issuance of any permits, the Applicant shall complete and record
aCovenant and Agreement to Maintain a Single -Family Residence" on a
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
10 Planning Commission Resolution No. 2006-34
3. 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.
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SOILS REPORT/GRADING/RETAINING WALLS
1. 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.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
11
Planning Commission Resolution No. 2006-34
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. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. 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.
4. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
5. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
6. Verify adequate exit requirements. The distance between required exits shall
be'h of the building diagonal.
7. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
8. Fire Department approval May 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 1/2 inch in any dimension except where such openings are
equipped with sash or door.
g. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
10. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
11. Specify location of tempered glass as required by code.
12. Chimney shall be 2' higher 10' away from roof line.
12 Planning Commission Resolution No. 2006-34
13. Door between garage and the house be 1 3/8 solid core self closing. Walls
and ceiling between living space and garage shall be 5/8 type X.
14. Install hard wired smoke detectors with battery back-up in all bedrooms
and hallways leading into sleeping areas.
15. All bedrooms shall comply with all rescue window requirements.
END
13
Planning Commission Resolution No. 2006-34
PLANNING COMMISSION
REESOLUTION N0.2006-34
A RESOLUTION Of— THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2006-27 AND MIINOR CONDITIONAL USE PERMIT NO. 2006-08,
A REQUEST FOR- AN ADDITION OF 972 SQUARE FEET TO AN
EXISTING 1,365 SQIJARE FOOT SINGLE FAMILY RESIDENCE FEET
ON AN EXISTING 7;,897 LOT AND REQUESTING APPROVAL FOR
CONTINUATION USE OF LEGAL NON -CONFORMING FRONT AND
SIDE SETBACKS. THE PROJECT SITE IS LOCATED AT
1723 ROUNDTREE CIRCLE (APN: 8292-020-047, LOT 98, TRACT
NO. 28579), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. Property owners, Mr. Michael and Mrs. Julia Sullivan, and applicant,
ProBuilder, have filed an application for Development Review No. 2006-27
and Minor Conditiional Use Permit No. 2006-08, for property located at
1723 Roundtree Circle, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Development Review shall be
referred to as the "Application."
3. On August 8, 200Ei, 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. This 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 finds that the project identified above in
this Resolution is categorically exempt in accordance to Section 15301 (e) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located at 1723 Roundtree Circle (Lot 98 of
Tract 28579), Diamond Bar, California.
(b) The project site has a General Plan land use designation of
Low/Medium Residential (RML) Maximum 5 DU/AC;
(c) The project site is within the Single Family Residence -Minimum Lot
Size 8,000 Square Feet (R-1-8,000) Zone interpreted as Low/Medium
Residential (RML) Zone;
(d) Generally, to the north, south and east is the R-1-8,000 zone; and to
the west is the Single Family Residential -Minimum Lot Size 10,000
square feet (R-1-10,000) zone;
(e) The Application request for an addition of 972 square feet to existing
1,365 square foot Single Family Residence feet on an existing 7,897
lot and requesting approval for continuation use of legal non-
conforming front and side setbacks.
Development Review
M
The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments);
2
Planning Commission Resolution No. 2006-34
On July 25, 1995, the City adopted its General Plan. Although Tract
No. 28579, Lot 98 (project site) was established prior to the City's
incorporation and General Plan's adoption. 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 of 8,000
SF) land use designation.
(9)
The proposed project consists of an addition of 972 square feet to an
existing 1,365 square foot Single Family Residence. Hence, the
proposed project meets all other development standards forthe RML
zoning district as prescribed in the Development Code. .
The proposed project is not unusual for the surrounding area and is
consistent with other development within this community. The
proposed project will maintain the integrity and not degrade this
residential area. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed projects
architectural style (Mediterranean) and construction materials and
colors will match the existing residence which is compatible with the
eclectic architectural style, colors and material of other homes within
the community.
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;
With the approval and construction of the proposed project, the
current use of the project site will be maintained. As referenced
above in finding (t), the proposed project can be accommodated at
the project site. Additionally, the architectural style, color and
materials proposed will match the existing residence.
The proposed addition of 972 square feet to an existing 1,365 square
foot Single Family Residence established in the surrounding
community and also consistent with otheradditions recently approved
by the Planning Commission. As such, the proposed project is not
expected to interfere with the use and enjoyment of neighboring
existing or future development. The proposed project is not expected
to intensify the existing use to an extent that will create traffic or
pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
3
Planning Commission Resolution No. 2006-34
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan;
U)
The architectural style of the proposed site is a typical Mediterranean
design. The compatibility of the proposed project with the surrounding
residences is consistent with the City's Development Review
Standards, City Design Guidelines and City's General Plan. As a
result, the proposed project will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's
General Plan. There is no applicable specific plan for this area.
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 and will retain a reasonably
adequate level of maintenance;
As referenced in the above findings (t), (g), and (h), the proposed
project 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
while offering variety in color and texture and a low level of
maintenance.
The proposed development will not be detrimental to 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;
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental QualityAct
(CEQA), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
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Planning Commission Resolution No. 2006-34
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
PLANNING DIVISION
(a) The project shall substantially conform to plot plan, floor plans roof
plan, elevations, landscape plan, grading plan collectively labeled as
Exhibit "A" dated July 2 2006, as submitted and approved by the
Planning Commission, and as amended herein;
(b) 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 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 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 utilized
has obtained permits from the City of Diamond Bar to provide such
services;
(c) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal. The Applicant
shall provide temporary sanitation facilities while under construction;
(d) Applicant shall comply with Planning Division, Building and Safety
Division and Public Works Division requirements;
(e) 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;
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Planning Commission Resolution No. 2006-34
M
The owner shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence and Guest House" on a form to
be provided by the City. The covenant must be completed and
recorded with the Los Angeles County's Recorder's Office prior to the
issuance of a building permit;
PUBLIC WORKS DIVISION
(g)
The Drainage Plan shall be prepared by a Civil Engineer, licensed in
the State of California, in accordance with the City's requirements for
plan check review and approval by the Public Works Division. The
Drainage Plan shall show the location of the retaining walls and
elevations of the top of wall/footing and finished grade on both sides
of the retaining walls. Additionally, surface water shall drain away from
the building at a 2% minimum slope;
(h) If applicable, all drainage/runoff from the development shall be
conveyed from the site to the natural drainage course or the adjacent
private street, with the exception of the drainage to the adjacent
private street, no on-site drainage shall be conveyed to adjacent
parcels. If required by the Public Works Director, the applicant shall
provide a hydrology study;
(i)
Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
place for construction started after October 1, through April 15. The
erosion control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits;
BUILDING AND SAFETY
U)
Applicant shall submit drawings and calculations prepared by a
licensed architect or engineer with wet stamp and signature;
(k) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval;
(1)
Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval;
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Planning Commission Resolution No. 2006-34
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: Mr. Michael and Mrs. Julia Sullivan, 1723 Roundtree Circle,
Diamond Bar, CA 91765, and ProBuilder, 449 W. Allen Avenue,
Suite 109, an Dimas, CA 91773
APPROVED AND ADOPTED THIS 8th OF AUGUST 2006, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: L AffAkIt
Steve Nelson, Vice Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day
of August 2006, by the following vote:
AYES: Commissioners: Torng, Lee, Wei, VC/Nelson
NOES: Commissioners: None.
ABSTAIN: Commissioners: None.
ABSENT: Commissioners: None.
ATTEST:
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Planning Commission Resolution No. 2006-34
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2006-27 and Minor
Conditional Use Permit No. 2006-08.
SUBJECT: Addition of 972 Square Feet to an existing 1,365
square foot Single Family Residence.
APPLICANT: Mr. Michael and Mrs. Julia Sullivan.
LOCATION: 1723 Roundtree Circle, Diamond Bar, CA 91765
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 No. 2006-27 and Minor
Conditional Use Permit No. 2006-08 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:
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Planning Commission Resolution No. 2006-34
(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.
(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 No. 2006-27 and Minor Conditional
Use Permit No. 2006-08, 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. 2006-34,
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 any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
6. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
7. 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.
8. 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
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Planning Commission Resolution No. 2006-34
regular gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
9. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
10. 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
The approval of Development Review No. 2006-27 and Minor Conditional
Use Permit No. 2006-08 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
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 labeled hereto as Exhibit "A"
including: site plans, floor plans, architectural elevations, exterior materials
and colors, sign program, on file in the Planning Division, the conditions
contained herein, Development Code regulations, the Specific Plan, and the
Community Plan.
2. 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
form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
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Planning Commission Resolution No. 2006-34
3. All ground-mounited utility appurtenances such as transformers, air
conditioning condlensers, etc. shall be located out of public view and
adequately screeined through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
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 rE;sidential, 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 vvaste disposal services shall be provided by the City
franchised waste haulerto all parcels/lots or uses affected by approval of this
project.
A. SOILS REPORT/GRADING/RETAINING WALLS
1. The Owner shall a>cecute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-
way.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall I've conveyed from the site to the natural drainage course.
Noon -site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
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Planning Commission Resolution No. 2006-34
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. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. 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.
4. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
5. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
6. Verify adequate exit requirements. The distance between required exits shall
be'/2 of the building diagonal.
7. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
8. Fire Department approval may 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 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. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
11. Specify location of tempered glass as required by code.
12. Chimney shall be 2' higher 10' away from roof line.
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Planning Commission Resolution No. 2006-34
13. Door between garage and the house be 1 3/8 solid core self closing. Walls
and ceiling between living space and garage shall be 5/8 type X.
14. Install hard wired smoke detectors with battery back-up in all bedrooms
and hallways leading into sleeping areas.
END
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Planning Commission Resolution No. 2006-34