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HomeMy WebLinkAboutPC 2007-32PLANNING COMMISSION RESOLUTION NO. 2007-32 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2007-03 AND MINOR CONDITIONAL USE PERMIT NO. 2007-12, CATEGORICAL EXEMPTION AND THE CONTINUATION OF A LEGAL NOW CONFORMING FRONT YARD SETBACK, FOR A REQUEST TO ADD 1,475 SQUARE FEET TO AN EXISTING 1,260 SQUARE FOOT SINGLE FAMILY RESIDENCE ON A 8,467 SQUARE FOOT LOT, LOCATED AT 434 DEEP HILL ROAD (APN: 8718-020-022, LOT 28, TRACT NO. 28065), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners/applicants, Mr. Stevin and Mrs. Marisol Fiedler, have filed an application for Development Review No. 2007-03, and Minor Conditional Use Permit No. 2007-12, for property located at 434 Deep Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 78 property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 26, 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 according to Section 15300.4 (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 434 Deep Hill Road (Lot 28 of Tract 28065), Diamond Bar, California; (b) The General Plan land use designation for the project site is Low/Medium Density Residential (RLM); (c) The zoning district for the project site is Low/Medium Density Residential (RLM-R-1-8,000) Zone; (d) Generally, to the north, south and east are single family residential zoned (RLM-R-1-8,000); and to the west is the City of Industry with a zone designation of Commercial Manufacturing; (e) The Application requests an addition of 1,475 square feet to existing 1,260 square foot single family residence feet on an existing 8,467 square foot lot and the continuation of legal nonconforming front yard setback. 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); On July 25, 1995, the City adopted its General Plan. Tract No. 28065, Lot 28 (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 Density Residential (minimum lot of 8,000 Square Foot) land use designation. The proposed project consists of an addition of 1,475 square feet to an existing 1,260 square foot single family residence. Hence, the proposed project meets all other development standards for the RLM zoning district as prescribed in the Development Code. 2 Planning Commission Resolution No. 2007-32 The proposed project is not unusual for the surrounding area and is consistent with other development in this surrounding 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 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. (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; The proposed addition of 9,475 square feet to an existing 1,260 square foot single family residence is consistent with other additions recently approved by the Planning Commission in the vicinity. 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 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 Ranch 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 (t), (g), and (h), the proposed project will provide a desirable environment forits occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and 3 Planning Commission Resolution No. 2007-32 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); In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15300.4(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. Minor Conditional Use Permit (I) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (t), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the RLM-R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RLM zoning district apply to the project site except for the legal nonconforming front yard setback. The existing legal nonconforming setback can be allowed with the appropriate findings through the Minor Conditional Use Permit process. According to Table 2-4 of Development Code Section 22.08.040, the required front yard setback for the RLM zoning district is 20 feet. The existing front yard setback is 14 feet and maintains a 7 foot right-of-way behind the public sidewalk giving it an appearance of a 21 foot front yard setback. The front yard setback which was legal under Los Angeles County's jurisdiction when the residence was constructed is now considered legal nonconforming. The proposed addition will not further encroach into the legal non -conforming front yard setback. 4 Planning Commission Resolution No. 2007-32 Nonconforming Findings (m) In accordance with Section 22.68.030, the Planning Commission hereby finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: Incompatible with other structures in the neighborhood. The proposed continuation of the non -conforming front yard setback distance will not alter the established neighborhood character, nor will the residence further erect into the setback. Approval would still promote a sensible building plan, and contribute to an attractive street scene. 2. Inconsistent with the General Plan or any applicable specific plan. The project site is an existing single-family residential developed under Los Angeles County. The legal non -conforming front yard setback with the approval of the Minor Conditional Use Permit is consistent with the General Plan and all applicable codes. 3. A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming front yard setback distance, will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on the conditions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety or general welfare of persons residing in the neighborhood. 5. Detrimental and/or injurious to property and improvements in the neighborhood. The project site is an existing developed single-family residential surrounded by existing residential development. The proposed project will compliment the neighborhood. 5 Planning Commission Resolution No. 2007-32 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 site plan, floor plans, roof plan, elevations, demolition plan, and sections collectively labeled as Exhibit "A" dated June 5, 2007, as submitted and approved by the Planning Commission, and as amended herein; (b) Before construction begins, the applicant shall install temporary construction fencing with screening 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; (c) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; Public Works Division (d) 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 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; (e) 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; (f) 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; 6 Planning Commission Resolution No. 2007-32 Building and Safety (g) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (h) 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; (i) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; 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. Stevin and Mrs. Marisol Fiedler, 434 Deep Hill Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 26th OF JUNE 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: /Xi, -�h� -atnn Steve Nelson, 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 26th day of June 2007, by the following vote: AYES: Commissioners: Nolan, Wei., Lee, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Qomm�sioners: None ATTEST: Secretary 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-03, Minor Conditional Use Permit No. 2007-12 SUBJECT: Addition of 1,475 square feet to an existing 1,260 square foot Single Family Residence, and the continuation of the front yard legal nonconforming setback. PROPERTY OWNER: Mr. Stevin and Mrs. Marisol Fiedler APPLICANT: Mr. Stevin and Mrs. Marisol Fiedler LOCATION: 434 Deep Hill Road, 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. 2007-03 and Minor Conditional Use Permit No. 2007-12 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: 8 Planning Commission Resolution No. 2007-32 (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. 2007-03 and Minor Conditional Use Permit No. 2007-12 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. 2007-32, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. 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. Site, grading, landscape/irrigation and roof 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. 9. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for 9 Planning Commission Resolution No. 2007-32 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. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Priorto any plan check, all deposit accounts forthe processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2007-03 and Minor Conditional Use Permit No. 2007-12 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 reference herein as Exhibit "A" including: site plans, floor plans, architectural elevations, landscaping 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. 10 Planning Commission Resolution No. 2007-32 F. SOLID WASTE i . 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 An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please referto City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfactory of the City Engineer. Please refer to City handouts. 3. 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. SOILS REPORTIGRADINGIRETAINING WALLS 1. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within 11 Planning Commission Resolution No. 2007-32 a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. C. DRAINAGE 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 the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 12 Planning Commission Resolution No. 2007-32 6. A height survey may be required at completion of framing. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor ratinglexit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 9. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 16. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13 Planning Commission Resolution No. 2007-32 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 19. Specify location of tempered glass as required by code. 20. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 21. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 14 Planning Commission Resolution No. 2007-32 PLANNING COMMISSION RESOLUTION NO. 2007-32 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2007-03 AND MINOR CONDITIONAL USE PERMIT NO. 2007-12, CATEGORICAL EXEMPTION AND THE CONTINUATION OF A LEGAL NON- CONFORMING FRONT YARD SETBACK, FOR A REQUEST TO ADD 1,475 SQUARE FEET TO AN EXISTING 1,260 SQUARE FOOT SINGLE FAMILY RESIDENCE ON A 8,467 SQUARE FOOT LOT, LOCATED AT 434 DEEP HILL ROAD (APN: 8718-020-022, LOT 28, TRACT NO. 28065), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners/applicants, Mr. Stevin and Mrs. Marisol Fiedler, have filed an application for Development Review No. 2007-03, and Minor Conditional Use Permit No. 2007-12, for property located at 434 Deep Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 78 property owners within a 500-foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 26, 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 according to Section 15300.4 (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 434 Deep Hill Road (Lot 28 of Tract 28065), Diamond Bar, California; (b) The General Plan land use designation for the project site is Low/Medium Density Residential (RLM); (c) The zoning district for the project site is Low/Medium Density Residential (RLM-R-1-8,000)Zone; (d) Generally, to the north, south and east are single family residential zoned (RLM-R-1-8,000); and to the west is the City of Industry with a zone designation of Commercial Manufacturing; (e) The Application requests an addition of 1,475 square feet to existing 1,260 square foot single family residence feet on an existing 8,467 square foot lot and the continuation of legal nonconforming front yard setback. 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); On July 25, 1995, the City adopted its General Plan. Tract No. 28065, Lot 28 (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 Density Residential (minimum lot of 8, 000 Square Foot) land use designation. The proposed project consists of an addition of 1,475 square feet to an existing 1,260 square foot single family residence. Hence, the proposed project meets all other development standards for the RLM zoning district as prescribed in the Development Code. 2 Planning Commission Resolution No. 2007-32 The proposed project is not unusual for the surrounding area and is consistent with other development in this surrounding 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 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. (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; The proposed addition of 1,475 square feet to an existing 1,260 square foot single family residence is consistent with other additions recently approved by the Planning Commission in the vicinity. 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 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 Ranch 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 3 Planning Commission Resolution No. 2007-32 color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance U) 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); In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15300.4(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. Minor Conditional Use Permit (I) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (f), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the RLM-R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RLM zoning district apply to the project site except for the legal nonconforming front yard setback. The existing legal nonconforming setback can be allowed with the appropriate findings through the Minor Conditional Use Permit process. According to Table 2-4 of Development Code Section 22.08.040, the required front yard setback for the RLM zoning district is 20 feet. The existing front yard setback is 14 feet and maintains a 7 foot right-of-way behind the public sidewalk giving it an appearance of a 21 foot front yard setback. The front yard setback which was legal under Los Angeles County's jurisdiction when the residence was constructed is now considered legal nonconforming. The proposed addition will not further encroach into the legal non -conforming front yard setback. 4 Planning Commission Resolution No. 2007-32 Nonconforming Findings (m) In accordance with Section 22.68.030, the Planning Commission hereby finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood. The proposed continuation of the non -conforming front yard setback distance will not alter the established neighborhood character, nor will the residence further erect into the setback. Approval would still promote a sensible building plan, and contribute to an attractive street scene. 2. Inconsistent with the General Plan or any applicable specific plan. The project site is an existing single-family residential developed under Los Angeles County. The legal non -conforming front yard setback with the approval of the Minor Conditional Use Permit is consistent with the General Plan and all applicable codes. 3. A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming front yard setback distance, will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on the conditions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety or general welfare of persons residing in the neighborhood. 5. Detrimental and/or injurious to property and improvements in the neighborhood. The project site is an existing developed single-family residential surrounded by existing residential development. The proposed project will compliment the neighborhood. 5 Planning Commission Resolution No. 2007-32 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 site plan, floor plans, roof plan, elevations, demolition plan, and sections collectively labeled as Exhibit "A" dated June 5, 2007, as submitted and approved by the Planning Commission, and as amended herein; (b) Before construction begins, the applicant shall install temporary construction fencing with screening 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; (c) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; Public Works Division (d) 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 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; (e) 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; (f) 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; 6 Planning Commission Resolution No. 2007-32 Building and Safety (9) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (h) 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; (i) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; 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. Stevin and Mrs. Marisol Fiedler, 434 Deep Hill Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 26th OF JUNE 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: --Z&c L&L', Steve Nelson, 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 26th day of June 2007, by the following vote: AYES: Commissioners: Nolan, Wei, Lee, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-03, Minor Conditional Use Permit No. 2007-12 SUBJECT: Addition of 1,475 square feet to an existing 1,260 square foot Single Family Residence, and the continuation of the front yard legal nonconforming setback. PROPERTY OWNER: Mr. Stevin and Mrs. Marisol Fiedler APPLICANT: Mr. Stevin and Mrs. Marisol Fiedler LOCATION: 434 Deep Hill Road, 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 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. 2007-03 and Minor Conditional Use Permit No. 2007-12 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: 8 Planning Commission Resolution No. 2007-32 (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. 2007-03 and Minor Conditional Use Permit No. 2007-12 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. 2007-32, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. 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. Site, grading, landscape/irrigation and roof 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. 9. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for 9 Planning Commission Resolution No. 2007-32 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. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2007-03 and Minor Conditional Use Permit No. 2007-12 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 reference herein as Exhibit "A" including: site plans, floor plans, architectural elevations, landscaping 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. 10 Planning Commission Resolution No. 2007-32 F. SOLID WASTE 1-. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 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 clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfactory of the City Engineer. Please refer to City handouts. 3. 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. SOILS REPORTIGRADINGIRETAINING WALLS 1. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within 11 Planning Commission Resolution No. 2007-32 a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 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 the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 12 Planning Commission Resolution No. 2007-32 6. A height survey may be required at completion of framing. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 9. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 16. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13 Planning Commission Resolution No. 2007-32 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 19. Specify location of tempered glass as required by code. 20. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 21. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 14 Planning Commission Resolution No. 2007-32