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HomeMy WebLinkAboutPC 2010-03PLANNING COMMISSION RESOLUTION NO. 2010-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2009-48, TO CONSTRUCT A 1,990 SQUARE -FOOT FIRST FLOOR ADDITION, 244 SQUARE -FOOT SECOND FLOOR ADDITION, AND A 127 SQUARE -FOOT THIRD FLOOR ADDITION TO AN EXISTING 5,148 SQUARE -FOOT HOME AND TO ALLOW THE CONTINUATION OF AN EXISTING 7'-5" NONCONFORMING SIDE SETBACK (10' IS REQUIRED) AT 23240 RIDGE LINE DRIVE DIAMOND BAR, CA 91765 (APN: 8713-031-006) A. RECITALS The property owner, David Li, and applicant, David Li & Associates, have filed an application for Development Review and Minor Conditional Use Permit No. PL 2009-48 to construct a 1,990 square -foot first floor addition, 244 square - foot second floor addition, and a 127 square -foot floor addition to an existing 5,148 square -foot home and to allow the continuation of an existing 7'-5" nonconforming side setback (10' is required) at 23240 Ridge Line Drive, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 0.69 net acre. It is located in the Rural Residential (RR) zone and is consistent with the rural residential land use category of the general plan. 3. The legal description of the subject property is Tract 30091 Lot 103. The Assessor's Parcel Number is 8713-031-006. 4. Notification of the public hearing for this Project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 29, 2010. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on January 29, 2010. In addition to the published and mailed notices, the project site was posted with a display board. 5. On February 9, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, solicited testimony from all interested individuals and concluded the hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (a) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48 and 22.56, this Planning Commission Hereby finds as follows: DEVELOPMENT REVIEW FINDINGS (DBMC Section 22.48.040, 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); The proposed addition to the home is consistent with the applicable elements in the City's General Plan, City Design Guidelines and development standards, by meeting all of the required setbacks except the side setback, and maintaining the existing height by adding on the addition to existing levels. The side setback will maintain the existing, original nonconforming setback, and will not encroach into the nonconforming setback. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards; The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is for a single family residential home and the surrounding uses are also for single family residential homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of single family residential home because it is a continuation of an existing use. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, 2 Planning Commission Resolution No. 2010-03 orderly and attractive development contemplated by Chapter 22.48.20: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The proposed addition is designed to be compatible with the character of the neighborhood. The addition will change the aesthetic look of the front of the house to be more harmonious, orderly, and attractive by adding more detail such as columns, arched moldings around windows and doors. There is no specific plan for this area. 4. 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, and will remain aesthetically appealing; The design of the addition Will provide a desirable environment by enhancing the aesthetic look of the front of the home. The addition provides balconies, decorative entrances and windows that are similar to styles used in the surrounding neighborhood. The neutral colors proposed are aesthetically appealing and compatible with the ones used in the neighborhood. 5. 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; and 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 and Public Works 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. MINOR CONDITIONAL USE PERMIT FINDINGS (DBMC Section 22.56.040) The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR zone. The substandard building separation on the west side of the residence renders the project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 3 Planning Commission Resolution No. 2010-03 1, 990 square -foot first floor addition, 244 square -foot second floor addition and a 127 square -foot third floor addition complies with the Development Standards of the RR zone. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of a 1, 990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot third floor addition of new living area is consistent with the development standards for the site and the surrounding neighborhood. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject site is physically suitable for the existing single-family residential dwelling and the proposed expansion. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RR zone. 5. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. 4 Planning Commission Resolution No_ 2010-03 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 the property owner: David Li and Associates, 1000 San Gabriel Blvd. #208, Rosemead, CA 91770; and David Li, 23240 Ridge Line Dr., Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 9th DAY OF FEBRUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: y Torng, ChaibRafi- 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9th day of February 2010, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 DR and MCUP PL2009-48 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use No. PL 2009-48 SUBJECT: To construct a 1,990 square -foot first floor addition 244 square -foot second floor addition, and a 127 square -foot third floor addition to an existing 5,148 square -foot home and to allow the continuation of an existing 7'-5" nonconforming side setback (10' is required). PROPERTY David Li OWNER: APPLICANT: David Li and Associates LOCATION: 23240 Ridqe Line Dr., 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 and Minor Conditional Use Permit No. PL 2009-48 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: 6 Planning Commission Resolution No. 2010-03 (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 defendants. 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 and Minor Conditional Use Permit No. PL 2009-48, 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 License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2010-03, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site 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. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2010-03 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 and Minor Conditional Use Permit No. PL 2009-48 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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 A decorative band shall be added along the rear and east elevations to break up the blank space of the wall. The band shall match the details of the proposed front facade. 2. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. All roof -mounted equipment shall be screened from public view. 5. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 8 Planning Commission Resolution No. 2010-03 6. Prior to submitting for building plan check, revise the plans with the correct zoning and lot size information. 7. Any future landscaping shall comply with the Los Angeles County Fire Department's Fuel Modification Plan requirements, rules, regulations and guidelines. 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan 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 satisfaction 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. 9 Planning Commission Resolution No. 2010-03 B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. 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. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. 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. 6. 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 six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. 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. 9. 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 and a permanent irrigation system shall be installed. 10 Planning Commission Resolution No. 2010-03 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport if applicable. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils and civil engineer as well as a rough graded geotechnical report shall be submitted for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. D. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. E. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City. 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 11 Planning Commission Resolution No. 2010-03 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10. "Separate permits are required for pools, patios, and retaining walls" shall be noted on plans. 11. A height survey may be required at completion of framing. 12. 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. Shaft rating/ exterior walls construction/ opening protection 12 Planning Commission Resolution No. 2010-03 13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. END 13 Planning Commission Resolution No. 2010-03 PLANNING COMMISSION RESOLUTION NO. 2010-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2009-48, TO CONSTRUCT A 1,990 SQUARE -FOOT FIRST FLOOR ADDITION, 244 SQUARE -FOOT SECOND FLOOR ADDITION, AND A 127 SQUARE -FOOT THIRD FLOOR ADDITION TO AN EXISTING 5,148 SQUARE -FOOT HOME AND TO ALLOW THE CONTINUATION OF AN EXISTING 7-5" NONCONFORMING SIDE SETBACK (10' IS REQUIRED) AT 23240 RIDGE LINE DRIVE DIAMOND BAR, CA 91765 (APN: 8713-031-006) A. RECITALS 1. The property owner, David Li, and applicant, David Li & Associates, have filed an application for Development Review and Minor Conditional Use Permit No. PL 2009-48 to construct a 1,990 square -foot first floor addition, 244 square- foot second floor addition, and a 127 square -foot floor addition to an existing 5,148 square -foot home and to allow the continuation of an existing 7- 5" nonconforming side setback (10' is required) at 23240 Ridge Line Drive, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 0.69 net acre. It is located in the Rural Residential (RR) zone and is consistent with the rural residential land use category of the general plan. 3. The legal description of the subject property is Tract 30091 Lot 103. The Assessor's Parcel Number is 8713-031-006. 4. Notification of the public hearing for this Project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 29, 2010. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on January 29, 2010. In addition to the published and mailed notices, the project site was posted with a display board. 5. On February 9, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, solicited testimony from all interested individuals and concluded the hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48 and 22.56, this Planning Commission Hereby finds as follows: DEVELOPMENT REVIEW FINDINGS (DBMC Section 22.48.040) 1. 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); The proposed addition to the home is consistent with the applicable elements in the City's General Plan, City Design Guidelines and development standards, by meeting all of the required setbacks except the side setback, and maintaining the existing height by adding on the addition to existing levels. The side setback will maintain the existing, original nonconforming setback, and will not encroach into the nonconforming setback. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards; The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is for a single family residential home and the surrounding uses are also for single family residential homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single family residential home because it is a continuation of an existing use. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, 2 Planning Commission Resolution No. 2010-03 orderly and attractive development contemplated by Chapter 22.48.20: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The proposed addition is designed to be compatible with the character of the neighborhood. The addition will change the aesthetic look of the front of the house to be more harmonious, orderly, and attractive by adding more detail such as columns, arched moldings around windows and doors. There is no specific plan for this area. 4. 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, and will remain aesthetically appealing; The design of the addition will provide a desirable environment by enhancing the aesthetic look of the front of the home. The addition provides balconies, decorative entrances and windows that are similar to styles used in the surrounding neighborhood. The neutral colors proposed are aesthetically appealing and compatible with the ones used in the neighborhood. 5. 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; and 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 and Public Works 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. MINOR CONDITIONAL USE PERMIT FINDINGS (DBMC Section 22.56.040) 1. The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR zone. The substandard building separation on the west side of the residence renders the project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 3 Planning Commission Resolution No. 2010-03 1,990 square -foot first floor addition, 244 square -foot second floor addition and a 127 square -foot third floor addition complies with the Development Standards of the RR zone. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of a 1,990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot third floor addition of new living area is consistent with the development standards for the site and the surrounding neighborhood. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject site is physically suitable for the existing single-family residential dwelling and the proposed expansion. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RR zone. 5. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. 4 Planning Commission Resolution No. 2010-03 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 the property owner: David Li and Associates, 1000 San Gabriel Blvd. #208, Rosemead, CA 91770; and David Li, 23240 Ridge Line Dr., Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 9th DAY OF FEBRUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9th day of February 2010, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 DR and MCUP PL2009-48 STANDARD CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use No. PL 2009-48 SUBJECT: To construct a 1,990 square -foot first floor addition, 244 square -foot second floor addition, and a 127 square -foot third floor addition to an existing 5,148 square -foot home and to allow the continuation of an existing 7-5" nonconforming side setback (10' is required). PROPERTY David Li OWNER: APPLICANT: David Li and Associates LOCATION: 23240 Ridge Line Dr., 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 and Minor Conditional Use Permit No. PL 2009-48 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: 6 Planning Commission Resolution No. 2010-03 (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 defendants. 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 and Minor Conditional Use Permit No. PL 2009-48, 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 License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2010-03, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site 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. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2010-03 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review and Minor Conditional Use Permit No. PL 2009-48 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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. A decorative band shall be added along the rear and east elevations to break up the blank space of the wall. The band shall match the details of the proposed front facade. 2. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. All roof -mounted equipment shall be screened from public view. 5. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 8 Planning Commission Resolution No. 2010-03 6. Prior to submitting for building plan check, revise the plans with the correct zoning and lot size information. 7 Any future landscaping shall comply with the Los Angeles County Fire Department's Fuel Modification Plan requirements, rules, regulations and guidelines. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan 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 satisfaction 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. 9 Planning Commission Resolution No. 2010-03 B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. 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. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. 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. 6. 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 six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7 Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. 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. 9. 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 and a permanent irrigation system shall be installed. 10 Planning Commission Resolution No, 2010-03 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport if applicable. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils and civil engineer as well as a rough graded geotechnical report shall be submitted for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. D. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. E. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City. 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 11 Planning Commission Resolution No. 2010-03 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7 This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10. "Separate permits are required for pools, patios, and retaining walls" shall be noted on plans. 11. A height survey may be required at completion of framing. 12. 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) 9. Shaft rating/ exterior walls construction/ opening protection 12 Planning Commission Resolution No. 2010-03 13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. END 13 Planning Commission Resolution No. 2010-03