HomeMy WebLinkAboutPC 2018-05PLANNING COMMISSION
RESOLUTION NO. 2018-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2017-122 TO CONSTRUCT A 757 SQUARE -FOOT, SINGLE -STORY
ADDITION; 87 SQUARE -FOOT PATIO COVER; AND AN INTERIOR AND
EXTERIOR REMODEL TO AN EXISTING 1,314 SQUARE -FOOT, SINGLE -
STORY RESIDENCE WITH AN ATTACHED 460 SQUARE -FOOT GARAGE ON
A 0.22 ACRE (9,800 SQUARE -FOOT) LOT AT 21728 LOST RIVER DRIVE,
DIAMOND BAR, CA 91765 (APN 8285-004-002).
A. RECITALS
The property owners Xiqiang Zhou and Guijuan Dong, and applicant, Ella
Hou, have filed an application for Development Review No. PL2017-122 to
construct a 757 square -foot, single -story addition; 87 square -foot patio
cover; and an interior and exterior remodel to an existing 1,314 square -foot,
one-story single-family residence located at 21728 Lost River Drive,
Diamond Bar, County of Los Angeles, California. Hereinafter in this
Resolution, the subject Development Review shall be referred to as the
"Proposed Project."
2. The subject property is made up of one parcel totaling 9,800 gross square
feet (0.22 gross acres). It is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low
Medium Density Residential.
3. The legal description of the subject property is Lot 102 of Tract No. 25987.
The Assessor's Parcel Number is 8285-004-002.
4. On June 12, 2018, public hearing notices were mailed to property owners
within a 500 -foot radius of the Project site. On June 15, 2018, notification
of the public hearing for this project was published in the San Gabriel Valley
Tribune and the Inland Valley Daily Bulletin newspapers; and public notices
were posted at the City's designated community posting sites. In addition
to the published and mailed notices, the project site was posted with a
display board.
5. On June 26, 2018, 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; and
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) (additions to existing structures) of the CEQA Guidelines.
Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.48, 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 addition consisting of 757 square
feet of floor area, 87 square -foot patio cover, and an interior and exterior
remodel to an existing one-story, single-family residence is consistent with
the City's General Plan, City Design Guidelines and Development Code
standards. The mass and scale of the addition are proportionate to the
existing house and surrounding properties.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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 designed for a single-family home and the surrounding uses are also
single-family homes. In addition, no protected trees exist on site.
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The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway widths
and 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 project is designed to be compatible with the character of the existing
homes in the neighborhood, in terms of massing and scale. The applicant
is proposing to add to the front and rear of the house: 627 square feet at the
rear and 130 square feet at the front of the house. The addition at the rear
of the house will be located toward the east side of the house and will not
further encroach into the existing nonconforming eight -foot, six-inch west
side setback. The 130 square -foot addition at the front of the house will be
set back five feet, six inches from the front of the house. The height is being
increased by two feet to expand the hipped roof throughout the entire roof.
Therefore, the proposed addition will maintain similar massing and scale as
the existing house.
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 existing home is a 1960s tract design with vertical wood siding,
decorative shutters, and a hipped roof with composite roof shingles at the
front and flat roof at the rear of the house. The applicant is proposing to
renovate the fagade of the house by removing the siding at the front of the
house; adding stone veneer along the base at the front and sides of the
house; removing the existing shutters and replacing them with an updated
design; replacing the roof with a hipped roof with flat concrete tiles; and
constructing a porch at the entrance to the house with a gable roof, arched
entry and square columns. The proposed changes to the front fagade—
including the addition of a front porch, stone veneer and updated shutters—
will enhance the front elevation of the house. In summary, the addition will
be visually integrated into the existing home and not negatively impact the
look and character of the neighborhood.
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.
PC Resolution No. 2018-05
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 Departments requirements.
Through the permit and inspection process, the referenced agencies 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) (additions to existing structures) 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:
1. Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing.
2. Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
3. Prior to issuance of building permits, the applicant shall record, and provide the
City with a conformed recorded copy of, a Covenant and Agreement or similar
document in a form approved by the City Attorney, which restricts the rental of
rooms or other portions of the property under two or more separate agreements
and prohibits use of the property as a boarding or rooming house, except to the
extent otherwise permitted by the Diamond Bar Municipal Code or applicable state
or federal law.
The Planning Commission shall:
Certify to the adoption of this Resolution; and
Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owners, Xiqiang Zhou and Guijuan Dong, 4142 Tyler
Ave., EI Monte, CA 91731, and applicant, Ella Hou, 21671 Gateway
Center Drive, Suite 201, Diamond Bar, CA 91765.
4 PC Resolution No. 2018-05
APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 2018, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
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 26th day of June, 2018, by the following vote:
AYES: Commissioners: FARAGO, MAHME, WOLFE, vc/sARLAs, CHAIR/MOR
NOES: Commissioners: NONE
ABSENT: Commissioners: MOVE
ABSTAIN: Commissioners: NOME
ATTEST:
Greg Gubman, Secretary
5 DR PL2017-122
11 11 DitA�I01�'D B
COMMUNITYDEVELOPMENT
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2017-122
SUBJECT:
PROPERTY Xigiang Zhou and Guiiian Dong
OWNERS: 4142 Tyler Ave.
EI Monte, CA 91731
APPLICANT: Ella Hou
21671 Gateway Center Dr. Suite 201
Diamond Bar, CA 91765
LOCATION: 21728 Lost River 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
The applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or
proceeding to attack, set-aside, void or annul, the approval of
Development Review No. PL2017-122 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 PC Resolution No. 2018-05
(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 No. PL2017-122,
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.
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Signed copies of Planning Commission Resolution No. 2018-05,
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.
7 PC Resolution No. 2018-05
C.
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 hours during which construction activities causing the operation
of any tools or equipment used in construction, drilling, repair,
alteration, or demolition work are limited to Monday through
Saturday, between the hours of 7:00 a.m. and 7:00 p.m., or at any
time on Sundays or holidays.
11. The property owner/applicant shall remove the public hearing notice
board within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to issuance
of building or grading permit (whichever comes first), as required by
the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining
prorated City project review and processing fees prior to issuance of
grading or building permit, whichever 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 No. PL2017-122 expires
within two years from the date of approval if the use has not
been exercised as defined pursuant to Diamond Bar Municipal Code
(DBMC) Section 22.66.050(b)(1). In accordance with DBMC
Section 22.60.050(c), the applicant may request, in writing, a one-
year time extension for Planning Commission consideration. Such a
request must be submitted to the Planning Division prior to the
expiration date and be accompanied by the review fee in accordance
with the Fee Schedule in effect at the time of submittal.
PC Resolution No. 2018-05
D. SITE DEVELOPMENT
1. This approval is to construct a 757 square -foot, single -story addition,
87 square -foot patio cover, and interior and exterior remodel to an
existing 1,314 square -foot, one -level, single-family residence with an
located at 21728 Lost River Drive, as described in the staff report
and depicted on the approved plans on file with the Planning
Division, subject to the conditions listed herein.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below.
If the plan check submittal is not in substantial compliance with the
approved Development Review submittal, the plans may require
further staff review and re -notification of the surrounding property
owners, which may delay the project and entail additional fees.
3. To ensure compliance with the provisions of the Planning
Commission approval, a final inspection is required from the
Planning Division when work for any phase of the project has been
completed. The applicant shall inform the Planning Division and
schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding
upon all future owners, operators, or successors thereto of the
property. Non-compliance with any condition of approval or
mitigation measure imposed as a condition of the approval shall
constitute a violation of the City's Development Code. Violations
may be enforced in accordance with the provisions of the
Development Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to
obtain a building final and/or a certificate of occupancy until full
compliance is reached. The City's requirement for full compliance
may require minor corrections and/or complete demolition of a non-
compliant improvement, regardless of costs incurred where the
project does not comply with design requirements and approvals that
the applicant agreed to when permits were pulled to construct the
project.
6. 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
referenced as site plans, floor plans, architectural elevations, and
9 PC Resolution No. 2018-05
landscape plans on file with the Planning Division, the conditions
contained herein, and the Development Code regulations.
7. 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.
8. All roof -mounted equipment shall be screened from public view.
9. 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.
10. 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 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.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the
grading plan clearly detailing erosion control measures. These
10 PC Resolution No. 2018-05
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.
B. 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.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. 2016 California Building Code
series will apply) requirements and all other applicable construction codes,
ordinances and regulations in effect.
2. Provisions for CALGreen shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current CALGreen
Code.
Plan Check — Items to be addressed prior to plan approval:
3. The minimum design load for wind in this area is 110 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.
4. 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 119 and 150(k).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
6. All easements shall be shown on the site plan.
11 PC Resolution No. 2018-05
7. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
Permit — Items required prior to building permit issuance:
8. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of Title
8. The contractor shall complete all required forms and pay applicable
deposits prior to permit.
9. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
10. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
11. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
12. A utility plan is required showing outlet locations, lighting energy
compliance, arc -fault circuit interrupters, ground -fault circuit interrupters,
and other alterations to electrical work.
Construction — Conditions required during construction:
13. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one -hundred -eighty (180) days after permit
issuance, and if a successful inspection has not been obtained from the
building official within one -hundred -eighty (180) days from the date of permit
issuance or the last successful inspection. A successful inspection shall
mean a documented passed inspection by the city building inspector as
outlined in Section 110.6.
14. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds
at all times. All construction materials and debris shall be placed in the rear
of the property at least 5' from property lines.
15. The property shall be continuously maintained for landscaping and removal
of trash and debris. The front yard shall be maintained.
16. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
12 PC Resolution No, 2018-05
17. Fencing of the property shall be placed as close as possible to the building
structure.
18. The project shall be protected by a construction fence to the satisfaction of
the Building Official, and shall comply with the NPDES & BMP requirements
(sand bags, etc.). All fencing shall be view obstructing with opaque
surfaces.
19. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert
by dialing 811 or their website at www.di.galert.org.
20. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
21. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
22. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
23. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from the building at a 2% minimum slope. The final as -built conditions shall
match the grading/drainage plan or otherwise approved as -built
grading/drainage plan.
24. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
25. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
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