HomeMy WebLinkAboutPC 2011-21PLANNING COMMISSION
RESOLUTION NO. 2011-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL
USE PERMIT NO. PL 2011-72 TO CONSTRUCT A 318 SQUARE -FOOT ADDITION TO
THE FRONT OF AN EXISTING 1,952 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE,
AND CONTINUE A NONCONFORMING FRONT SETBACK OF 15'-9" FROM THE
FRONT PROPERTY LINE (20' IS REQUIRED), NONCONFORMING SIDE SETBACKS
OF 4'-3" TO THE NORTH AND 5'-4" TO THE SOUTH (5' IS REQUIRED ON ONE SIDE
AND 10' IS REQUIRED ON THE OTHER), AND NONCONFORMING DISTANCE TO
THE STRUCTURE ON THE ADJACENT LOT OF 10'-1" TO THE STRUCTURE TO THE
NORTH (15' IS REQUIRED), LOCATED AT 1580 KIOWA CREST DRIVE, DIAMOND
BAR, CA 91765 (APN 8293-040-022).
A. RECITALS
The property owners, Duncan Yeung and Michele Lu, and applicant, Ricky
Huang, have filed an application for Development Review and Minor
Conditional Use Permit No. PL 2011-72 to construct a 318 square -foot addition
to the front of an existing 1,952 square -foot, single-family residence, and to
continue a nonconforming front setback of 15'-9" from the front property line
(20' is required), nonconforming side setbacks of 4'-3" to the north and 5'-4" to
the south (5' is required on one side and 10' is required on the other), and
nonconforming distance to the structure on the adjacent lot of 10'-1" to the
structure to the north (15' is required), located at 1580 Kiowa Crest Drive, 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 0.17 acres. It is located
in the Low Medium Density Residential (RLM) zone with an underlying General
Plan land use designation of Low Density Residential.
3. The legal description of the subject property is Tract 31152 Lot 51. The
Assessor's Parcel Number is 8293-040-022.
4. On August 12, 2011, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. 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 August 12, 2011. 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 August 23, 2011, 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 (e.2.b) (additions to
existing structure provided that the addition will not result in an increase of more
than 10,000 square feet if the area in which the project is located is not
environmentally sensitive) 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 for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments);
The design and layout of the proposed 318 square -foot addition to the front of
the house is consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all of the setbacks except the side setback
and distance to the structure on the adjacent north lot. The project maintains
the existing height of the building. The front and side setback and distance to
the structures on the adjacent lot to the north will maintain the existing
nonconforming front setback, and will not further encroach into the
nonconforming setback.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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.
2
DR & MCUP PL2011.72
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 style of the home is 1980s tract design. The applicant
is proposing to remodel the existing home with a more contemporary design.
The applicant is proposing to retain the existing building form, but update the
details to give the home a more contemporary appearance. The project is
designed to be compatible and complementary to the neighborhood by keeping
similar architectural details of the neighboring existing tract homes. 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, color, and will remain aesthetically
appealing;
The design of the existing single-family home is a 1980s tract style. Variation in
the building elements has been achieved through the utilization of varying
architectural features and building materials. The neutral building colors will
remain the same.
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; 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.2.b) (additions to existing structure provided that the addition
will not result in an increase of more than 10,000 square feet if the area in
which the project is located is not environmentally sensitive) 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. A Minor
Conditional Use Permit (MCUP) is requested to continue an existing
3
DR & MCUP PL2011-72
2
3
nonconforming front setback of 15'-9" from the front property line to the existing
garage. The proposed addition is set back 29' from the front property line. The
substandard front and side setbacks of the building and the distance to the
structure on the adjacent lot to the north renders the project nonconforming.
The addition of a nonconforming structure requires approval of a Minor
Conditional Use Permit. The proposed addition of a 318 square -foot new
bedroom and living room complies with the development standards of the RLM
zone and will not further encroach into the nonconforming setbacks.
The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed addition to 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.
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 and the proposed addition of a 318 square -
foot new living room and bedroom is consistent with the development standards
for the site and the surrounding neighborhood. The design of the existing
single-family dwelling and the proposed addition are compatible with the
neighborhood through the use of similar architectural features. The applicant is
proposing to retain the existing building form, but update the details to give the
home a more contemporary appearance. The project is designed to be
compatible and complementary to the neighborhood by keeping similar
architectural details of the neighboring existing tract homes.
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 and will not
further encroach into the existing nonconforming setbacks.
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.
4
DR & MCUP PL2011-72
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.2.b) (additions to existing structure provided that the addition
will not result in an increase of more than 10,000 square feet if the area in
which the project is located is not environmentally sensitive) of the CEQA
Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application subject to the following conditions:
A. Planning Division
Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing regarding this
proposed project;
B. Standard :Conditions. The applicant shall comply with the standard development
conditions attached hereto.
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, Duncan Yeung and Michele Lu, 1580 Kiowa Crest
Drive, and applicant, Ricky Huang, 12515 Morningside St. EI Monte, CA
91732.
APPROVED AND ADOPTED THIS 23rd DAY OF AUGUST 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack Sha , Chairman
;11 U
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 23rd day of August, 2011, by the following vote:
AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Com ers: None
ATTEST:
Greg Gubman, Secretary
5
DR & MCUP PL2011-72
COMMUNITY DEVELOPMENT DEPARTMENT
�,
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2011-72
SUBJECT: To construct a 318 square -foot addition to the front of an existing
1,952 square -foot, single-family residence, and to continue a
nonconforming front setback of 15'-9" from the front property line
(20' is required), nonconforming side setbacks of 4'-3" to the north
and 5'-4" to the south (5' is required on one side and 10' is required
on the other), and nonconforming distance to the structure on the
adjacent lot of 10'-1" to the structure to the north (15' is required).
PROPERTY Duncan Yeunq and Michele Yu
OWNER(S): 1580 Kiowa Crest Dr.
Diamond Bar, CA 91765
APPLICANT(S): Ricky Huang
12515 Morningside St.
EI Monte, CA 91732
LOCATION: 1580 Kiowa Crest 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 2011-72 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
DR & MCUP PL2011-72
(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 2011-72, 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. 2011-21, 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, 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.
7
DR & MCUP PL2011-72
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 2011-72 expires within two years from the date of approval if the use
has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to DBMC
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 2 including:
site plans, floor plans, and architectural elevations on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
2. 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.
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. All landscaping,
structures, architectural features
and public
improvements
damaged during
construction shall be repaired
or replaced
upon project
completion.
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
8
DR & MCUP PL2011-72
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 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.
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
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.
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.
9
DR & MCUP PL2011-72
D. UTILITIES
Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
E. SEWER/SEPTIC TANK
Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City. Sewer plans shall be submitted for review
and approval by the City Building and Safety Division.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2010 California
Building Code, California Plumbing Code, California Mechanical Code, and the
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check submittal.
2. Occupancy of the facilities shall not commence until such time as all California
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
4. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
5. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code. This includes the exterior
light fixture niche at the garage.
6. Indicate all easements on the site plan.
7. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
8. Specify location of tempered glass as required by code.
9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
10. Special inspections will be required in conformance to CBC 1704 to 1709.
10
DR & MCUP PL201l-72
11. Provisions for roof cricketinglflashing is required at the merging of the roof
sloped towards the building wall.
12. AQMD notification is required for demolition work.
End
11
DR & MCUP PL2011-72
PLANNING COMMISSION RESOLUTION NO. 2011-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL 2011-72 TO CONSTRUCT A 318 SQUARE -FOOT ADDITION TO THE
FRONT OF AN EXISTING 1,952 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE, AND CONTINUE A NONCONFORMING FRONT
SETBACK OF 15'-9" FROM THE FRONT PROPERTY LINE (20' IS REQUIRED), NONCONFORMING SIDE SETBACKS OF 4'-3" TO THE
NORTH AND 5'-4" TO THE SOUTH (5' IS REQUIRED ON ONE SIDE AND 10' IS REQUIRED ON THE OTHER), AND NONCONFORMING
DISTANCE TO THE STRUCTURE ON THE ADJACENT LOT OF 10'-1" TO THE STRUCTURE TO THE NORTH (15' IS REQUIRED),
LOCATED AT 1580 KIOWA CREST DRIVE, DIAMOND BAR, CA 91765 (APN 8293-040-022).
A. RECITALS
1. The property owners, Duncan Yeung and Michele Lu, and applicant, Ricky Huang, have filed an application for
Development Review and Minor Conditional Use Permit No. PL 2011-72 to construct a 318 square -foot addition to the front of an
existing 1,952 square -foot, single-family residence, and to continue a nonconforming front setback of 15'-9" from the front property
line (20' is required), nonconforming side setbacks of 4'-3" to the north and 5'-4" to the south (5' is required on one side and 10' is
required on the other), and nonconforming distance to the structure on the adjacent lot of 10'-1" to the structure to the north (15'
is required), located at 1580 Kiowa Crest Drive, 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 0.17 acres. It is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low Density Residential.
3. The legal description of the subject property is Tract 31152 Lot 51. The Assessor's Parcel Number is 8293-040-022.
4. On August 12, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and
the Inland Valley Daily Bulletin newspapers. 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 August 12, 2011. 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 August 23, 2011, 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 (e.2.b) (additions to existing structure
provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is
not environmentally sensitive) 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 for special
areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments);
The design and layout of the proposed 318 square -foot addition to the front of the house is consistent with the City's General Plan,
City Design Guidelines and development standards by meeting all of the setbacks except the side setback and distance to the
structure on the adjacent north lot. The project maintains the existing height of the building. The front and side setback and
distance to the structures on the adjacent lot to the north will maintain the existing nonconforming front setback, and will not
further encroach into the nonconforming setback.
The project site is not part of any theme area, specific plan, community plan, boulevard or planned development.
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.
2
DR & MCUP PL2011-72
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 style of the home is 1980s tract design. The applicant is proposing to remodel the existing home with a
more contemporary design. The applicant is proposing to retain the existing building form, but update the details to give the home
a more contemporary appearance. The project is designed to be compatible and complementary to the neighborhood by keeping
similar architectural details of the neighboring existing tract homes. 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, color, and will remain aesthetically appealing;
The design of the existing single-family home is a 1980s tract style. Variation in the building elements has been achieved through
the utilization of varying architectural features and building materials. The neutral building colors will remain the same.
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; 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.2.b) (additions to existing structure provided that the addition will not result in an increase of
more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) 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. A Minor Conditional Use Permit (MCUP) is requested to
continue an existing
3
DR & MCUP PL2011-72
nonconforming front setback of 15'-9" from the front property line to the existing garage. The proposed addition is set back 29'
from the front property line. The substandard front and side setbacks of the building and the distance to the structure on the
adjacent lot to the north renders the project nonconforming. The addition of a nonconforming structure requires approval of a
Minor Conditional Use Permit. The proposed addition of a 318 square -foot new bedroom and living room complies with the
development standards of the RLM zone and will not further encroach into the nonconforming setbacks.
2. The proposed use is consistent with the general plan and any applicable specific plan;
The proposed addition to 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 and the proposed addition of a 318 square- foot new living room and bedroom is consistent with
the development standards for the site and the surrounding neighborhood. The design of the existing single-family dwelling and the
proposed addition are compatible with the neighborhood through the use of similar architectural features. The applicant is
proposing to retain the existing building form, but update the details to give the home a more contemporary appearance. The
project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details of the
neighboring existing tract homes.
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 and will not further encroach into the existing nonconforming setbacks.
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.
4
DR & MCUP PL2011-72
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.2.b) (additions to existing structure provided that the addition will not result in an increase of
more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the
following conditions:
A. Planning Division
1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public
hearing regarding this proposed project;
B. Standard ,Conditions. The applicant shall comply with the standard development conditions attached hereto.
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, Duncan Yeung and Michele
Lu, 1580 Kiowa Crest Drive, and applicant, Ricky Huang, 12515 Morningside St. EI Monte, CA 91732.
APPROVED AND ADOPTED THIS 23rd DAY OF AUGUST 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack SI) , Chairman
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 23rd day of August, 2011, by the following vote:
AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Com ers: None
ATTEST:
Greg Gubman, Secretary
5
DR & MCUP PL2011-72
a 411011.1111.1:I
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit No. PL 2011-72
SUBJECT: To construct a 318 square -foot addition to the front of an existing 1,952 square -foot, single-family residence, and to
continue a nonconforming front setback of 15'-9" from the front property line (20' is required), nonconforming side setbacks of 4'-3"
to the north and 5'4' to the south (5' is required on one side and 10' is required on the other), and nonconforming distance to the
structure on the adjacent lot of 10'-1" to the structure to the north (15' is required).
PROPERTY Duncan Yeung and Michele Yu
OWNER(S): 1580 Kiowa Crest Dr. Diamond Bar, CA 91765
APPLICANT(S): Ricky Huang
12515 Morningside St. EI Monte, CA 91732
LOCATION: 1580 Kiowa Crest 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 2011-72 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
DR & MCUP PL2011-72
(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 2011-72, 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. 2011-21, 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, 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.
7
DR & MCUP PL2011-72
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 2011-72 expires within two years from the date of
approval if the use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The applicant may request in writing a
one year time extension subject to DBMC 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 2 including: site plans, floor
plans, and architectural elevations on file with the Planning Division, the conditions contained herein, and the Development Code
regulations.
2. 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.
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. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired
or replaced upon project completion.
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
8
DR & MCUP PL2011-72
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 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.
2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading
equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading
and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South
Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. 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.
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.
9
DR & MCUP PL2011-72
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. SEWER/SEPTIC TANK
1. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City. Sewer plans shall
be submitted for review and approval by the City Building and Safety Division.
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., 2010 California Building Code, California Plumbing Code,
California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances
and regulations in effect at the time of plan check submittal.
2. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal
regulations have been met. The buildings shall be inspected for compliance prior to occupancy.
3. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar
Municipal Code 8.16 of Title 8.
4. The minimum design load for wind in this area is 95 M.P.H. exposures "C" and the site is within seismic zone D or E. The
applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and
signature.
5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All
lighting shall be high efficacy or equivalent per the current California Energy Code. This includes the exterior light fixture niche at
the garage.
6. Indicate all easements on the site plan.
7 Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum
slope.
8. Specify location of tempered glass as required by code.
9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection
detail (height, spacing, etc.)
10. Special inspections will be required in conformance to CBC 1704 to 1709.
10
DR & MCUP PL2011-72
11. Provisions for roof cricketing/flashing is required at the merging of the roof sloped towards the building wall.
12. AQMD notification is required for demolition work. End
11
DR & MCUP PL2011-72