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HomeMy WebLinkAboutPC 2007-33PLANNING COMMISSION RESOLUTION NO. 2007-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-16, MINOR VARIANCE NO. 2007-05 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,630 SQUARE FEET TO AN EXISTING TWO- STORY SINGLE-FAMILY RESIDENCE WITH A THREE -CAR GARAGE LOCATED AT 23746 GOLD RUSH DRIVE - APN: 8701-055-034. A. RECITALS. 1. The property owner and applicant, Mr. Kwang Ho Lee, has filed applications for Development Review No. 2007-19, Minor Variance No. 2007-05 and categorical exemption for a property located at 23746 Gold Rush Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 67 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. The project site was posted with a public hearing display board. 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: 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 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 10,680 square feet and is generally rectangular in shape. It is developed with a two-story residence of approximately 2,777 square feet and three -car garage. There are no restricted use or flood hazard areas on the project site. (b) The General Plan land use designation for the project site is Low Density Residential (RL) Maximum 3 DU/AC. (c) The zoning district for the project site is Low Density Residential (RPD -20,000-2U). (d) Generally, the following zones and uses surround the project site: to the north is the RPD -20,000-2 Units/Acre and R-1-10,000 zoning districts and single-family residences; south and east is the RPD - 20,000 -2 Units/Acre zoning district and single-family residences; and R-1-10,000 zoning district and single-family residences. (e) The Application request is for Development Review approval to construct a first and second story addition of approximately 2,630 square feet to an existing two-story residence of approximately 2,777 square feet with a three -car garage and a retaining wall in the rear yard. The application request also includes a Minor Variance to reduce the front setback by 12.5 percent. Development Review (f) On July 25, 1995, the City adopted its General Plan. Lot 34 (project site) of Tract No. 43435 was established and homes were built prior to the City's incorporation, 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 allow for lot varying in size from 8,500 to 20,000 square 2 Planning Commission Resolution No. 2DD7-33 feet for the development of a single-family residence. The County used lot averaging;. therefore some lots within a tract will be smaller and others larger. The project site is 10,680 square feet and developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is in the RL zoning district. According 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 except for the front yard setback (see Minor Variance Findings) as illustrated in the comparison matrix within the staff report The proposed addition makes minor changes to the existing architectural style of the residence. The three -gable roofline of the front elevation remains the same. However, the proposed front addition moves the residence further into the front yard. The proposed front porch with a second story covered balcony projects approximately three feet together with the reduction of the front yard setback of two and a half feet, the front porch setbacks a total of five and a half feet from the property line. To reduce the massiveness of the two-story front porch addition, the applicant has agreed to eliminate the second story covered balcony and add a gable roof to the one story porch. As such, the front porch is within the six feet projection allowed by the Development Code standards and the design of the front porch meets the Design Guidelines of the Development Code. Exterior walls will be stucco and trim painted with Behr "Frosty Morning" (creme -WB 620). Capistrano 545 (similar to Terra Cotta color) US Tile is proposed for the roof. A combination of cultured (dry stack) ledge stone in shades of creme and tan and stucco will be used at the first and second story levels of the front elevation. The proposed earth tone colors and materials are compatible with other residences in the neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from 1,701 to 6440 habitable square feet. The larger homes are on Gold Rush Drive near Highcrest Drive. As property owners add on to their homes and new homes are built on vacant lots, larger homes are becoming more common place. The subject residence will be 4,842 habitable square feet (excluding proposed deck and garage addition). The project site is 10,680 square feet and large enough to accommodate the proposed addition. Furthermore, many other lots within the neighborhood are larger than 10,680 could also have this type of addition. 3 Planning Commission Resolution No. 2007-33 (g) 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, colors and materials are 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 except for the front yard setback (see Minor Variance Findings). There is no 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 of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (i) 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) According 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. Minor Variance (1) The required front yard setback for the RL zoning district is 20 feet. The front yard setback for the site is 22 feet. The front yard setback for the project site is 22 feet. With the proposed addition, the residence will maintain a front yard setback that varies from 17.5 feet to 19.08 feet. A review of the front setbacks of other residences on Gold Rush Drive shows setbacks varying from 16 to 19 feet. 4 Planning Commission Resolution No. 2007-33 Therefore, the granting of this Minor Variance does not set a precedent because there are other residences -in the neighborhood with similar existing setbacks. (m) As referenced above in Item (1), granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. As described in Finding (1) above, several residences on Gold Rush Drive maintain setbacks varying from 16 to 19 feet. With the Minor Variance approval, the subject property will maintain a front setback varying from 17.5 to 19.08 feet which is consistent with other properties in the surrounding neighborhood. (n) Granting the Minor Variance is consistent with the General Plan (Strategies 1.2.4 and 2.2.1) because the addition is compatible with other homes and the prevailing character of the surrounding neighborhood and surrounding. The project area does not have a specific plan. (o) 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. (p) According to the provisions of the California Environmental Quality Act (CEQA), Section 15303(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. 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 final inspection and Certificate of Occupancy issuance, the applicant shall repair or replace landscaping and irrigation destroyed in the front yard. 5 Planning Commission Resolution No. 2007-33 2. All colors and materials used for the residence and retaining -- wall shall be called -out on the plans. 3. Prior to plan check submittal, the applicant shall submit a revised site plan that delineates the front porch; and revised south, east and west elevation that deletes the second story balcony above the front porch; adds a gable over the front porch; and changes the door at the balcony level to a window for Planning Division review and approval. B. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2001 California Building Code 2. All bedrooms shall comply with all rescue window requirements. 3. Prior to construction commencing, the applicant shall install construction protective fencing to the satisfaction of the Building Official. 4. "Separate permit shall be required for the retaining wall" and plans shall be noted accordingly. The retaining wall shall be submitted to the Building and Safety Division and the Public Works Department for review and approval. 5. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 6. Construction plans shall specify 5/8" X between the garage and house addition. 7. Construction plans shall specify '/4' per foot slope for all flat surfaces and decks with approved water proofing materials. Also, the construction plans shall provide guardrail connection detail (height, spacing, etc.) Guardrails shall be designed for 20 pound load applied laterally at the top of the rail. C. Public Works Department 1 Prior to plan check submittal, the applicant shall provide topography or slope details to determine if a grading plan and grading permit is required for construction of the side yard retaining wall. 6 Planning Commission Resolution No. 2007-33 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. Kwang Ho Lee, 23746 Gold Rush Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 26TH OF JUNE 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman 1, 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 NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Wei, Nolan, VC/Torng, Chair/Nelson None None Lee 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-19 and Minor Variance No. 2007-05 SUBJECT: First and Second Story Addition to Existing Single -Family Residence PROPERTY OWNER: Mr. Kwang Ho Lee APPLICANT: Same as Property Owner LOCATION: 23746 Gold Rush Drive 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. 2007-19 and Minor Variance No. 2007-05 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. 8 Planning Commission Resolution No. 2007-33 (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. 2007-19 and Minor Variance No. 2007-05 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. 2007-33, 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 9 Planning Commission Resolution No. 2007-33 residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 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. 2007-19, Minor Variance No. 2007-05 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" dated June 26, 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. 10 Planning Commission Resolution No. 2007-33 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 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. 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 a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 11 Planning Commission Resolution No. 2007-33 B. Soils Report/Grading/Retaining Walls If 50 cubic yards or more of earth work occurs, the applicant shall submit a grading plan. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. ��. If 50 cubic yards or more of earth work occurs, a geotechnical report shall be required. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 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 2004 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. 12 Planning Commission Resolution No. 2007-33 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. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Specify location of tempered glass as required by code. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 13 Planning Commission Resolution No. 2007-33 PLANNING COMMISSION RESOLUTION NO. 2007-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-16, MINOR VARIANCE NO. 2007-05 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,630 SQUARE FEET TO AN EXISTING TWO- STORY SINGLE-FAMILY RESIDENCE WITH A THREE -CAR GARAGE LOCATED AT 23746 GOLD RUSH DRIVE - APN: 8701-055-034. A. RECITALS. 1. The property owner and applicant, Mr. Kwang Ho Lee, has filed applications for Development Review No. 2007-19, Minor Variance No. 2007-05 and categorical exemption for a property located at 23746 Gold Rush Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 67 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. The project site was posted with a public hearing display board. 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 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 10,680 square feet and is generally rectangular in shape. It is developed with a two-story residence of approximately 2,777 square feet and three -car garage. There are no restricted use or flood hazard areas on the project site. (b) The General Plan land use designation for the project site is Low Density Residential (RL) Maximum 3 DU/AC. (c) The zoning district for the project site is Low Density Residential (RPD -20,000-2U). (d) Generally, the following zones and uses surround the project site: to the north is the RPD -20,000-2 Units/Acre and R-1-10,000 zoning districts and single-family residences; south and east is the RPD - 20,000 -2 Units/Acre zoning district and single-family residences; and R-1-10,000 zoning district and single-family residences. (e) The Application request is for Development Review approval to construct a first and second story addition of approximately 2,630 square feet to an existing two-story residence of approximately 2,777 square feet with a three -car garage and a retaining wall in the rear yard. The application request also includes a Minor Variance to reduce the front setback by 12.5 percent. Development Review M On July 25, 1995, the City adopted its General Plan. Lot 34 (project site) of Tract No. 43435 was established and homes were built prior to the City's incorporation, 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 allow for lot varying in size from 8,500 to 20,000 square 2 Planning Commission Resolution No. 2007-33 feet for the development of a single-family residence. The County used lot averaging; therefore some lots within a tract will be smaller and others larger. The project site is 10,680 square feet and developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is in the RL zoning district. According 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 except for the front yard setback (see Minor Variance Findings) as illustrated in the comparison matrix within the staff report The proposed addition makes minor changes to the existing architectural style of the residence. The three -gable roofline of the front elevation remains the same. However, the proposed front addition moves the residence further into the front yard. The proposed front porch with a second story covered balcony projects approximately three feet together with the reduction of the front yard setback of two and a half feet, the front porch setbacks a total of five and a half feet from the property line. To reduce the massiveness of the two-story front porch addition, the applicant has agreed to eliminate the second story covered balcony and add a gable roof to the one story porch. As such, the front porch is within the six feet projection allowed by the Development Code standards and the design of the front porch meets the Design Guidelines of the Development Code. Exterior walls will be stucco and trim painted with Behr "Frosty Morning" (creme -WB 620). Capistrano 545 (similar to Terra Cotta color) US Tile is proposed for the roof. A combination of cultured (dry stack) ledge stone in shades of creme and tan and stucco will be used at the first and second story levels of the front elevation. The proposed earth tone colors and materials are compatible with other residences in the neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from 1,701 to 6440 habitable square feet. The larger homes are on Gold Rush Drive near Highcrest Drive. As property owners add on to their homes and new homes are built on vacant lots, larger homes are becoming more common place. The subject residence will be 4,842 habitable square feet (excluding proposed deck and garage addition). The project site is 10,680 square feet and large enough to accommodate the proposed addition. Furthermore, many other lots within the neighborhood are larger than 10,680 could also have this type of addition. 3 Planning Commission Resolution No. 2007-33 (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, colors and materials are 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 except for the front yard setback (see Minor Variance Findings). There is no specific plan for the project area. As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) 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) According 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. Minor Variance (I) The required front yard setback for the RL zoning district is 20 feet. The front yard setback for the site is 22 feet. The front yard setback for the project site is 22 feet. With the proposed addition, the residence will maintain a front yard setback that varies from 17.5 feet to 19.08 feet. A review of the front setbacks of other residences on Gold Rush Drive shows setbacks varying from 16 to 19 feet. 4 Planning Commission Resolution No. 2007-33 Therefore, the granting of this Minor Variance does not set a precedent because there are other residences -in the neighborhood with similar existing setbacks. (m) As referenced above in Item (I), granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. As described in Finding (I) above, several residences on Gold Rush Drive maintain setbacks varying from 16 to 19 feet. With the Minor Variance approval, the subject property will maintain a front setback varying from 17.5 to 19.08 feet which is consistent with other properties in the surrounding neighborhood. (n) Granting the Minor Variance is consistent with the General Plan (Strategies 1.2.4 and 2.2.1) because the addition is compatible with other homes and the prevailing character of the surrounding neighborhood and surrounding. The project area does not have a specific plan. (o) 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. (p) According to the provisions of the California Environmental Quality Act (CEQA), Section 15303(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. 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 final inspection and Certificate of Occupancy issuance, the applicant shall repair or replace landscaping and irrigation destroyed in the front yard. 5 Planning Commission Resolution No. 2007-33 2. All colors and materials used for the residence and retaining wall shall be called -out on the plans. 3. Prior to plan check submittal, the applicant shall submit a revised site plan that delineates the front porch; and revised south, east and west elevation that deletes the second story balcony above the front porch; adds a gable over the front porch; and changes the door at the balcony level to a window for Planning Division review and approval. B. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2001 California Building Code 2. All bedrooms shall comply with all rescue window requirements. 3. Prior to construction commencing, the applicant shall install construction protective fencing to the satisfaction of the Building Official. 4. "Separate permit shall be required for the retaining wall" and plans shall be noted accordingly. The retaining wall shall be submitted to the Building and Safety Division and the Public Works Department for review and approval. 5. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 6. Construction plans shall specify 5/8" X between the garage and house addition. 7. Construction plans shall specify '/4' per foot slope for all flat surfaces and decks with approved water proofing materials. Also, the construction plans shall provide guardrail connection detail (height, spacing, etc.) Guardrails shall be designed for 20 pound load applied laterally at the top of the rail. C. Public Works Department 1 Prior to plan check submittal, the applicant shall provide topography or slope details to determine if a grading plan and grading permit is required for construction of the side yard retaining wall. 6 Planning Commission Resolution No. 2007-33 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. Kwang Ho Lee, 23746 Gold Rush Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 26TH OF JUNE 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 1, 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: Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Lee ATTEST: 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-19 and Minor Variance No. 2007-05 SUBJECT: First and Second Story Addition to Existing Single -Family Residence PROPERTY OWNER: Mr. KwangHo Lee APPLICANT: Same as Property Owner LOCATION: 23746 Gold Rush Drive 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. 2007-19 and Minor Variance No. 2007-05 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. 8 Planning Commission Resolution No. 2007-33 (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. 2007-19 and Minor Variance No. 2007-05 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. 2007-33, 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 9 Planning Commission Resolution No. 2007-33 residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 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 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1 The approval of Development Review No. 2007-19, Minor Variance No. 2007-05 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" dated June 26, 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. 10 Planning Commission Resolution No. 2007-33 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 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. 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 a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 11 Planning Commission Resolution No. 2007-33 B. Soils Report/Grading/Retaining Walls 1 If 5.0 cubic yards or more of earth work occurs, the applicant shall submit a grading plan. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 2. If 50 cubic yards or more of earth work occurs, a geotechnical report shall be required. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 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: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2004 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. 12 Planning Commission Resolution No. 2007-33 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. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Specify location of tempered glass as required by code. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 13 Planning Commission Resolution No. 2007-33