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HomeMy WebLinkAboutPC 2010-04PLANNING COMMISSION RESOLUTION NO. 2010-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL 2009-54 TO CONSTRUCT A 238 SQUARE -FOOT ROOM ADDITION AT THE FRONT AND TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING FRONT SETBACK OF 19 FEET (20 FEET IS REQUIRED), A SIDE YARD SETBACK OF 5 FEET 91NCHES (10 FEET IS REQUIRED) AND BUILDING SEPARATION OF 13 FEET 4 INCHES (15 FEET IS REQUIRED) LOCATED AT 22432 FALCONBURN WAY, DIAMOND BAR, CA 91765 (APN 8293-013-016) A. RECITALS The property owners, Rohit and Hetal Patel, and applicant, Javier Camorlinga, have filed an application for Development Review and Minor Conditional Use Permit No. PL 2009-54 to construct a 238 square -foot room addition at the front, and to allow the continuation of an existing nonconforming front yard setback of 19 -feet (20 -feet is required), a side yard setback of 5'-9" (10 -feet is required), and building separation of 13'4" (15 -feet is required) located at 22432 Falconburn Way, City of 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 0.19 acres. It is located in the Low -Medium Density Residential (RLM) 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 31038 Lot 82. The Assessor's Parcel Number is 8293-013-016. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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 and the notice was posted at three other locations within the project vicinity. On February 9, 2010, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said 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) Sections 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; The design and layout of the proposed 238 square -foot addition is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks except the front and side setback and maintaining the existing height by adding on the addition to the existing level. The front and side setbacks will maintain the existing original nonconforming front and side setbacks, and will not encroach into the nonconforming setbacks. 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. 2 Planning Commission Resolution No. 2010-04 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 and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The existing architectural design of the home is a 1970's tract design. The proposed addition will match the roof type, pitch, and materials, and window moldings of the addition will be added to existing windows. The addition will also enhance the architecture by adding architectural -features such as stone veneer to the front elevation and window moldings to all elevations. The addition will be integrated with the existing house by utilizing similar forms, colors, and materials as prescribed in the City Design Guidelines. 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, color, and will remain aesthetically appealing; The proposed 238 square -foot addition will provide a desirable environment for its occupants and visiting public as well as its neighbors through a design that will enhance the design of the existing home. Large expanses of a single material or color is avoided by adding architectural features, such as stone veneer and window moldings. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution and the Building and Safety Division 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). 3 Planning Commission Resolution No. 2070-04 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 RLM zone. The substandard front yard setback, side yard setback on the east side, and building separation on the west side of the residence renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 238 square -feet complies with the Development Standards of the RLM zone. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed addition 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 238 square -foot addition is consistent with the development standards for the site and the surrounding neighborhood. The site has a landscaped right-of-way (ROK9 of six feet behind the sidewalk, giving the appearance of a 25 -foot yard setback and will not further encroach into the existing side yard setback and building separation. 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 addition. 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 RLM zone. 4 Planning Commission Resolution No. 2010-04 -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 addition 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. D. CONDITION OF APPROVAL 1. Window design should be consistent in terms of style and general arrangement on all sides of the building. Stucco window trim shall be added to all existing and proposed windows. 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 owners, Mr. and Mrs. Rohit Patel, 22432 Falconburn Way, Diamond Bar, CA 91765; and the applicant, Javier Camorlinga, 5655 Dover Street, Chino, CA 91710. APPROVED AND ADOPTED THIS 9t' DAY OF FEBRUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: —� ony Torng, Chairnbarl- 5 DR AND MCUP NO. PL 2009-54 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 6 DR AND MCUP N0. PL 2009-54 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use Permit No. PL 2009-54 SUBJECT: To construct a 238 square -foot addition to the front of an existing 1,463 single-family residence and a Minor Conditional Use Permit to allow the continuation of an existing nonconforming front setback of 19 -feet (20 -feet is required), a side setback of 5'-9" (10 -feet is required), and the building separation of 13'-4" (15 -feet is required). PROPERTY Rohit and Hetal Patel OWNER(S): 22432 Falconburn Way Diamond Bar, CA 91765 APPLICANT: Javier Camorlinga 5655 Dover Street Chino, CA 91710 LOCATION: 22432 Falconburn Way, Diamond Bar, CA 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 2009-54 brought within the time period 7 Planning Commission Resolution No. 2010-04 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. (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 2009-54, 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 a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2010-04, 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. 8 Plannina Commission Resolution No 2010-04 B. C. 10 9. All site, grading, landscape/irrigation, and roof plans, 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. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 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 comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS The approval of Development Review and Minor Conditional Use Permit No. PL 2009-54 expires 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. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as attachment 3 including: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and 9 Planning Commission Resolution No. 2010-04 adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. 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. 5. Window design should be consistent in terms of style and general arrangement on all sides of the building. Prior to issuance of building permits, window molding shall be added to all existing and proposed windows. 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) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with a drainage 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. 10 Planning Commission Resolution No. 2010-04 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. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE A drainage Plan 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., 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. 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. 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. 11 Planning Commission Resolution No. 2D10 -D4 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7. 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. 8. Please submit a total of 2 full sets of plans including the grading for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission. 9. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 10. The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements (sand bags, etc.) 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. End 12 Planning Commission Resolution No 2010-04 PLANNING COMMISSION RESOLUTION NO. 2010-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL 2009-54 TO CONSTRUCT A 238 SQUARE -FOOT ROOM ADDITION AT THE FRONT AND TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING FRONT SETBACK OF 19 FEET (20 FEET IS REQUIRED), A SIDE YARD SETBACK OF 5 FEET 9 INCHES (10 FEET IS REQUIRED) AND BUILDING SEPARATION OF 13 FEET 4 INCHES (15 FEET IS REQUIRED) LOCATED AT 22432 FALCONBURN WAY, DIAMOND BAR, CA 91765 (APN 8293-013-016) A. RECITALS 1. The property owners, Rohit and Hetal Patel, and applicant, Javier Camorlinga, have filed an application for Development Review and Minor Conditional Use Permit No. PL 2009-54 to construct a 238 square -foot room addition at the front, and to allow the continuation of an existing nonconforming front yard setback of 19 -feet (20 -feet is required), a side yard setback of 5'-9" (10 - feet is required), and building separation of 134' (15 -feet is required) located at 22432 Falconburn Way, City of 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 0.19 acres. It is located in the Low -Medium Density Residential (RLM) 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 31038 Lot 82. The Assessor's Parcel Number is 8293-013-016. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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 and the notice was posted at three other locations within the project vicinity. 5. On February 9, 2010, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said 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) Sections 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; The design and layout of the proposed 238 square -foot addition is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks except the front and side setback and maintaining the existing height by adding on the addition to the existing level. The front and side setbacks will maintain the existing original nonconforming front and side setbacks, and will not encroach into the nonconforming setbacks. 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. 2 Planning Commission Resolution No. 2010-04 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 and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The existing architectural design of the home is a 1970's tract design. The proposed addition will match the roof type, pitch, and materials, and window moldings of the addition will be added to existing windows. The addition will also enhance the architecture by adding architectural -features such as stone veneer to the front elevation and window moldings to all elevations. The addition will be integrated with the existing house by utilizing similar forms, colors, and materials as prescribed in the City Design Guidelines. 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, color, and will remain aesthetically appealing; The proposed 238 square -foot addition will provide a desirable environment for its occupants and visiting public as well as its neighbors through a design that will enhance the design of the existing home. Large expanses of a single material or co/or is avoided by adding architectural features, such as stone veneer and window moldings. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution and the Building and Safety Division 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). 3 Planning Commission Resolution No. 2010-04 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 RLM zone. The substandard front yard setback, side yard setback on the east side, and building separation on the west side of the residence renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 238 square -feet complies with the Development Standards of the RLM zone. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed addition 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 238 square -foot addition is consistent with the development standards for the site and the surrounding neighborhood. The site has a landscaped right-of-way (ROM of six feet behind the sidewalk, giving the appearance of a 25 -foot yard setback and will not further encroach into the existing side yard setback and building separation. 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 addition. 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 RLM zone. 4 Planning Commission Resolution No. 2010-04 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 addition 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. D. CONDITION OF APPROVAL 1. Window design should be consistent in terms of style and general arrangement on all sides of the building. Stucco window trim shall be added to all existing and proposed windows. 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 owners, Mr. and Mrs. Rohit Patel, 22432 Falconburn Way, Diamond Bar, CA 91765; and the applicant, Javier Camorlinga, 5655 Dover Street, Chino, CA 91710. APPROVED AND ADOPTED THIS 9th DAY OF FEBRUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. ony Torng, Chair By: 5 DR AND MCUP NO. PL 2009-54 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 6 DR AND MCUP NO. PL 2009-54 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use Permit No. PL 2009-54 SUBJECT: To construct a 238 square -foot addition to the front of an existing 1,463 single-family residence and a Minor Conditional Use Permit to allow the continuation of an existing nonconforming front setback of 19 -feet (20 -feet is required), a side setback of 5'- 9" (10 -feet is required), and the building separation of 13'-4" (15 -feet is required). PROPERTY Rohit and Hetal Patel OWNER(S): 22432 Falconbum Way Diamond Bar, CA 91765 APPLICANT: Javier Camorlinga 5655 Dover Street Chino, CA 91710 LOCATION: 22432 Falconburn Way, Diamond Bar, CA 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 2009-54 brought within the time period 7 Planning Commission Resolution No. 2010-04 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. (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 2009-54, 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 a zoning approval for those businesses located in Diamond Bar. 4-. Signed copies of Planning Commission Resolution No. 2010-04, 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. 8 Plannina Commission Resolution No 2010-04 9. All site, grading, landscape/irrigation, and roof plans, 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. 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 comes 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 2009-54 expires 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 attached hereto as attachment 3 including: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and 9 Planning Commission Resolution No. 2010-04 adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. 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. 5. Window design should be consistent in terms of style and general arrangement on all sides of the building. Prior to issuance of building permits, window molding shall be added to all existing and proposed windows. 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) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with a drainage 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. 10 Planning Commission Resolution No. 2010-04 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. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE 1. A drainage Plan 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., 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. 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. 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. 11 Planning Commission Resolution No. 2D10-04 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7 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. 8. Please submit a total of 2 full sets of plans including the grading for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission. 9. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 10. The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements (sand bags, etc.) 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. End 12 Planning Commission Resolution No 2010-04