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HomeMy WebLinkAboutPC 2007-06PLANNING COMMISSION RESOLUTION NO. 2007-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-21, MINOR CONDITIONAL USE PERMIT NO. 2006-11 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 1,750 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE-FAMILY RESIDENCE OF WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 526 BELLOWS COURT (LOT 15, TRACT NO. 41587; APN: 8281-035- 056), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Ms. Evangeline S. Gunn and Mr. and Mrs. Jeff Gunn have filed an application for Development Review No. 2006-21, Minor Conditional Use Permit No. 2006-11 and categorical exemption for a property located at 526 Bellows Court, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On January 10, 2007, public hearing notices were mailed to approximately 91 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On January 11, 2007, the project site was posted with a display board. On January 12, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On January 23, 2007, 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 judgement of the City of Diamond Bar. 3. The Planning Commission hereby a wholecinlcludinfinds g the findings set forth having considered the record a below, and changes and alterations which have been incorporated into oereis no and conditioned upon the proposed project set forth in the app 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 follows: conclusions set forth herein, this Planning Commission hereby finds as o (a) The project site is approximately 6,836 square feet and is rectangular in shape widening at the rear property line. It is developed with a one- story residence of approximately o1,896 8ted square use or flood hazard ach aeas oes r two -car garage. There easements on the project site. (b) The project site has a General Plan 3 DU/AC.use designation of Low Density Residential (RL) (c) The project site is within thFamily Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the R-1-8,000 and R-1-10,000 single-family residences zones surrounding the project site. (e) The Application request is for Development Review approval to construct remodel a first and second story addition and viewing deck totaling to approximately 1,750 square feet which is more than 50 percent of the existing habitable area and a substantial change to the one-story residence. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming front and rear yard setbacks of 16 and 18 feet respectively with the proposed addition in the front and rear maintaining a 20 setback. 2 Planning commission Resolution No. 2006-27 Development Review (f) On July 25, 1995, the City adopted its General Plan. Tract No. 42587 Lot 15 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allows for lot varying in size from 8,500 to 20,000 square feet. The project site is 6,836 square feet. The County used lot averaging; therefore, some lots within a tract will be smaller and others larger. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report except for the existing legal non -conforming front and rear yard setbacks of 16 and 18 feet respectively. These setbacks are considered legal non -forming; hence the Minor Conditional Use Permit. The proposed addition/remodel changes ,the existing architectural style to California Craftsman. The front elevation will be changed with the following elements: A new entry, second story addition, roof line with dormers and window type and location. At the front elevation the planes vary and at the side and rear elevation the roof line and elevation planes vary. Moldings surround the windows and divide the side and rear elevations. Exterior walls are a combination of beige stucco with white and tan accent colors and cultured stone veneer wainscoting. The stone veneer is also used on the fireplaces. Blended shades of tan concrete tile are used for the roof. Staff is recommending that corbels be added below the large second story window on the right elevation. Staff is also recommending that the third level which contains a viewing deck and interior landing be deleted. Staff believes that the viewing deck and third level is not compatible with the proposed design of the subject residence or with other residences in the neighborhood. Furthermore, deleting the third level will reduce the weighty appearance of the residence at all elevations. The project neighborhood is a combination of one and two-story homes. A two-story home is on the adjacent property to the east of the project site and a one-story home is on the adjacent property to the west. To the rear of the project site is a two-story home on a 3 Planning Commission Resolution No. 2007-06 DR 2006-27 property with an elevation considerably lower than the project site. The homes on Bellows Court range in size from 1,726 to 3,043 square feet which includes the garage. The proposed addition with the deletion of the view deck and landing is 1,741 square quare feet eet. The finished product with the two car garage totals to 3, which is approximately 600 square feet larger than the largest home on Bellows Court. (g) With the approval and construction of the proposed project, the current use (single-family residence) of the project osi d wro ect maintained. ll be As referenced above in finding (f), the prop p j can be accommodated at the project- site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. 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) As referenced in finding (f) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. (i) 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 f materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. Before the issuance of any City permits, the proposed project is U) required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, 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) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar of Diamond Bar. 4 Planning Commission Resolution No. 2006 27 Minor Conditional Use Permit (1) As stated in findings (f), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8,000/RL zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming front and rear yard setbacks. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. In accordance to Development Code Section 22.68.030 (a) and (b) — Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure. The required front and rear yard setbacks for the R-1-8,000/RL zoning district are 20 feet. The subject residence is considered legal nonconforming due to the front and rear setbacks. The residence maintains a 16 foot front yard setback from the garage face to the front property line. However, the site gives an appearance of a 20 foot setback because the first six feet adjacent to the sidewalk is City property and where utilities are located. The addition will maintain a 20 foot setback that does not include City property. The front fireplace will have a setback of 18 feet. However, fireplaces are allowed to encroach a maximum 30 inches into the setback. In the rear yard, the residence maintains a setback of 18 to 22 feet from the face of the existing residence to the rear property line due to the angle of the rear property line. The proposed addition in the rear of the property will maintain a 20 foot setback from the rear property line. 5 Planning Commission Resolution No, 2007-06 DR 2006-27 The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings in the resolution. The legal nonconformities may be continued to secure safety or when advantages through °ghproved nor architecture are met. Staff believes that approving the Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood. (m) The proposed project is consistent with the General Plan as discussed above in finding (f). There is not applicable specific plan. (n) As stated in findings (f), (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity; (o) As stated in findings (f), (g, (h), (i) and (1) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (q) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Nonconforming (r) The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change in the exterior design and the additional of square footage are improvements that add value to and visually enhance the existing residence and neighborhood. The project neighborhood is a combination of one and two-story residences with the same or similar setbacks. Two-story homes exist 6 Planning Commission Resolution No. 2006-27 on one side of the subject residence• and directly behind it. Additionally, the residence located behind the project site is at a much lower elevation with its side yard abutting the rear yard of the subject site and its side yard is not the view corridor and the proposed second story addition will not interfere with theirview. Furthermore, as stated in Findings (f) and (1) above, the proposed addition is consistent with the architectural style of the subject residence and other residences in the surrounding neighborhood. Therefore, the proposed project is not incompatible with other residences in the neighborhood (s) As stated in findings (f) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) Approval of the Minor Conditional Use Permit, which will permit the continuation of legal nonconforming front and rear yard setbacks for the existing sections of the residence will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations due to specific issues addressed in findings (1) and (r) above. (u) Based on findings mentioned above and conditions of approval, the proposed addition and remodel will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Based on findings mentioned above and conditions of approval, the proposed addition and remodel will not be detrimental and/or injurious to property and improvements in the neighborhood 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to plan check submittal, the applicant shall submit a revision to the right elevation adding corbels below the large 7 Planning Commission Resolution No. 2007-06 DR 2006-27 rd second story window for Planning Division review and approval. Prior to plan check submittal, the applicant shall submit revised side and rear elevations showing approximately a 7.5 foot projection reduction of the view deck for Planning Division review and approval. The residential structure shall maintain setbacks as delineated in Exhibit"A". At the rough framing stage, the setbacks of residential structure shall be certified by a licensed surveyor approved by the City at the applicant's expense. Said certification shall be submitted to the Planning Division for review and approval. 5. Applicant shall comply with Chapter 22.28 — Noise Control for residential uses for activities within the studio/sound room. Building and Safety Division 1, Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2, Prior to final inspection, the applicant back-up 5 nall install hard wire all bedrooms and smoke detectors with battery hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Chimney shall extend 2'— 10' away from roof line. 5. Kitchen and bathroom lights shall be fluorescent L 7 LO Applicant shall provide adequate mechanical ventilation at water closet rooms. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. Specify location of tempered glass as required by code. 8 Planning Commission Resolution No. 2006-27 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: Ms. Evangeline S. Gunn and Mr. and Mrs. Jeff Gunn, 526 Bellows Court, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23RD OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: —A�� "I-,, Steve Nelson, Chairman I, Nancy Fong, Acting 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 23rd day of ,January 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners ABSENT: Commissioners: ATTEST: Nolan, Wei, VC/Torng, Chair/Nelson None None Lee E COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No 2006-21 and Minor Conditional Use Permit No. 2006-11 SUBJECT: Addition/Remodel to Existing Single -Family Residence PROPERTY OWNER: Ms. Evangeline Gunn APPLICANT: Mr. and Mrs. Jeff Gunn LOCATION: 526 Bellows 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 No. 2006-14 and Minor Conditional Use Permit No. 2006-05 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. 10 Planning Commission Resolution No. 2007-06 DR 2006-27 (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. 2006-21 and Minor Conditional Use Permit No. 2006-11, at the City of Diamond Bar Community Development 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 Planning Commission Resolution No. 2007-06, Standard Conditions, and all environmental mitigations shall be included on the plans (full size The tivities and are re fr ation only to of required tolparties involved in the be et sealed/stamped amped construction/grading ac by a licensed Engineer/Architect. 5. Prior to 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 or business activity being commenced thereon, 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. g. 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. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City pe rmits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon theneighborhood dustbogla glare/light, noiseronmenal , odort traffic,n000thee residential site to levels 11 Planning commission Resolution No.06 DR 2006-27 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. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and 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. 2006-21 and Minor Conditional Use Permit No. 2006-11 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 and referenced herein as Exhibit "A" dated January 23, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 12 Planning Commission Resolution No. 2007-06 DR 2006-27 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 Ci y. The covenant Off shall lebe completed and recorded with the Los Angel Y E. 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. APPLICANT SHALL CONTACT THE PUBLIC CONK T DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING A. General 1. An Erosion Control Plan shall be submitted prior he issuance of any betweenCity permits. These measures shall be implementedduring October 1 s` 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). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. 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 develothe natural No onpmedra nal be conveyed from the site a shall be conveyed to adjacent parcels,dunlessgthat is Noon -site 9 natural drainage course. 13 planning Commission Resolution No.06 DR 2006-27 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 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. 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. 3. 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 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. 4. 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. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9.. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 14 Planning Commission Resolution No. 2007-06 DR 2006-27 10. Private Healthproperty Department sewer/septic Angeles County Health pand the CaliforniaCal fore a Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. END 15 Planning commission Resolution No. 2006-27 PLANNING COMMISSION RESOLUTION NO. 2007-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-21, MINOR CONDITIONAL USE PERMIT NO. 2006-11 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 1,750 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE-FAMILY RESIDENCE OF WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 526 BELLOWS COURT (LOT 15, TRACT NO. 41587; APN: 8281-035- 056), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Ms. Evangeline S. Gunn and Mr. and Mrs. Jeff Gunn have filed an application for Development Review No. 2006-21, Minor Conditional Use Permit No. 2006-11 and categorical exemption for a property located at 526 Bellows Court, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On January 10, 2007, public hearing notices were mailed to approximately 91 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On January 11, 2007, the project site was posted with a display board. On January 12, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On January 23, 2007, 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 judgement 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 approximately 6,836 square feet and is rectangular in shape widening at the rear property line. It is developed with a one- story residence of approximately 1,896 square feet which includes the two -car garage. There are no restricted use or flood hazard areas or easements on the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the R-1-8,000 and R-1-10,000 single-family residences zones surrounding the project site. (e) The Application request is for Development Review approval to construct remodel a first and second story addition and viewing deck totaling to approximately 1,750 square feet which is more than 50 percent of the existing habitable area and a substantial change to the one-story residence. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming front and rear yard setbacks of 16 and 18 feet respectively with the proposed addition in the front and rear maintaining a 20 setback. 2 Planning Commission Resolution No. 2007-06 DR 2006-27 Development Review M On July 25, 1995, the City adopted its General Plan. Tract No. 42587 Lot 15 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allows for lot varying in size from 8,500 to 20,000 square feet. The project site is 6,836 square feet. The County used lot averaging; therefore, some lots within a tract will be smaller and others larger. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report except for the existing legal non -conforming front and rear yard setbacks of 16 and 18 feet respectively. These setbacks are considered legal non -forming; hence the Minor Conditional Use Permit. The proposed addition/remodel changes,the existing architectural style to California Craftsman. The front elevation will be changed with the following elements: A new entry, second story addition, roof line with dormers and window type and location. At the front elevation the planes vary and at the side and rear elevation the roof line and elevation planes vary. Moldings surround the windows and divide the side and rear elevations. Exterior walls are a combination of beige stucco with white and tan accent colors and cultured stone veneer wainscoting. The stone veneer is also used on the fireplaces. Blended shades of tan concrete tile are used for the roof. Staff is recommending that corbels be added below the large second story window on the right elevation. Staff is also recommending that the third level which contains a viewing deck and interior landing be deleted. Staff believes that the viewing deck and third level is not compatible with the proposed design of the subject residence or with other residences in the neighborhood. Furthermore, deleting the third level will reduce the weighty appearance of the residence at all elevations. The project neighborhood is a combination of one and two-story homes. A two-story home is on the adjacent property to the east of the project site and a one-story home is on the adjacent property to the west. To the rear of the project site is a two-story home on a 3 Planning Commission Resolution No. 2007-06 DR 2006-27 property with an elevation considerably lower than the project site. The homes on Bellows Court range in size from 1,726 to 3,043 square feet which includes the garage. The proposed addition with the deletion of the view deck and landing is 1,741 square feet. The finished product with the two car garage totals to 3,637 square feet which is approximately 600 square feet larger than the largest home on Bellows Court. (9) With the approval and construction of the proposed project, the current use (single-family residence) of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project • site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. 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) As referenced in finding (f) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. U) 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. 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 Department, 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) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar of Diamond Bar. 4 Planning Commission Resolution No. 2007-06 DR 2006-27 Minor Conditional Use Permit (1) As stated in findings (f), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8,000/RL zoning district. In accordance to the Development Code, the development standards of the RL zoning district apply to the project site R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming front and rear yard setbacks. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. In accordance to Development Code Section 22.68.030 (a) and (b) - Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure. The required front and rear yard setbacks for the R-1-8,000/RL zoning district are 20 feet. The subject residence is considered legal nonconforming due to the front and rear setbacks. The residence maintains a 16 foot front yard setback from the garage face to the front property line. However, the site gives an appearance of a 20 foot setback because the first six feet adjacent to the sidewalk is City property and where utilities are located. The addition will maintain a 20 foot setback that does not include City property. The front fireplace will have a setback of 18 feet. However, fireplaces are allowed to encroach a maximum 30 inches into the setback. In the rear yard, the residence maintains a setback of 18 to 22 feet from the face of the existing residence to the rear property line due to the angle of the rear property line. The proposed addition in the rear of the property will maintain a 20 foot setback from the rear property line. 5 Planning Commission Resolution No. 2007-06 DR 2006-27 The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings in the resolution. The legal nonconformitiesrnay be continued to secure safety or when advantages through improved architecture are met. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood. (m) The proposed project is consistent with the Genera( Plan as discussed above in finding (f). There is not applicable specific plan. (o) As stated in findings (f), (g, (h), (i) and (I) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) (q) Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Nonconforming (r} The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change in the exterior design and the additional of square footage are improvements that add value to and visually enhance the existing residence and neighborhood. The project neighborhood.. is a combination of one and two-story residences with the same or similar setbacks. Two-story homes exist 6 Planning Commission Resolution No. 2007-06 DR 2006-27 on one side of the subject residence. and directly behind it. Additionally, the residence located behind the project site is at a much lower elevation with its side yard abutting the rear yard of the subject site and its side yard is not the view corridor and the proposed second story addition will not interfere with their view. Furthermore, as stated in Findings (f) and (I) above, the proposed addition is consistent with the architectural style of the subject residence and other residences in the surrounding neighborhood. Therefore, the proposed project is not incompatible with other residences in the neighborhood (s) As stated in findings (f) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) Approval of the Minor Conditional Use Permit, which will permit the continuation of legal nonconforming front and rear yard setbacks for the existing sections of the residence will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations due to specific issues addressed in findings (I) and (r) above. (u) Based on findings mentioned above and conditions of approval, the proposed addition and remodel will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Based on findings mentioned above and conditions of approval, the proposed addition and remodel will not be detrimental and/or injurious to property and improvements in the neighborhood 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to plan check submittal, the applicant shall submit a revision to the right elevation adding corbels below the large 7 Planning Commission Resolution No. 2007-06 DR 2006-27 second story window for Planning Division review and approval. 3. Prior to plan check submittal, the applicant shall submit revised side and rear elevations showing approximately a 7.5 foot projection reduction of the view deck for Planning Division review and approval. 4. The residential structure shall maintain setbacks as delineated in Exhibit"A". At the rough framing stage, the setbacks of residential structure shall be certified by a licensed surveyor approved by the City at the applicant's expense. Said certification shall be submitted to the Planning Division for review and approval. 5. Applicant shat! comply with Chapter 22.28 -Noise Control for residential uses for activities within the studio/sound room. B. Building and Safety Division 1. Daor between garage and the house shall be 1 3/8 inch solid core self-closing. Wa(Is and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Chimney steal! extend 2' - 10' away from roof line. 5. Kitchen and bathroom lights shall be fluorescent 6. Applicant shall provide adequate mechanical ventilation at water closet rooms. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 8 Planning Commission Resolution No. 2007-06 DR 2006-27 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: Ms. Evangeline S. Gunn and Mr. and Mrs. Jeff Gunn, 526 Bellows Court, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23RD OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, Acting 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 23rd day of January 2007, by the following vote: AYES: Commissioners: Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Lee ATTEST: 9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-21 and Minor Conditional Use Permit No. 2006-11 SUBJECT: Addition/Remodel to Existing Single -Family Residence PROPERTY OWNER: Ms. Evangeline Gunn APPLICANT: Mr. and Mrs. Jeff Gunn LOCATION: 526 Bellows 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 1 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. 2006-14 and Minor Conditional Use Permit No. 2006-05 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. 10 Planning Commission Resolution No. 2007-06 DR 2006-27 (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. 2006-21 and Minor Conditional Use Permit No. 2006-11, at the City of Diamond Bar Community Development 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 Planning Commission Resolution No. 2007-06, 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 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 or business activity being commenced thereon, 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. Site, grading, landscape/irrigation and driveway plans, elevations and sections 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. 10. 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 11 Planning Commission Resolution No. 2007-06 DR 2006-27 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. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and 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 priorto 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 No. 2006-21 and Minor Conditional Use Permit No. 2006-11 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 and referenced herein as Exhibit "A" dated January 23, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 12 Planning Commission Resolution No. 2007-06 DR 2006-27 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. E. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1 An Erosion Control Plan shall be submitted prior to the issuance of any City permits. 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). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. 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. 13 Planning Commission Resolution No. 2007-06 DR 2006-27 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 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. 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. 3. 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 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. 4. 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. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 14 Planning Commission Resolution No. 2007-06 DR 2006-27 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. END 15 Planning Commission Resolution No. 2007-06 DR 2006-27