HomeMy WebLinkAboutPC 2018-10PLANNING COMMISSION
RESOLUTION NO. 2018-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. PL2017-183 TO CONSTRUCT A 1,198 SQUARE -FOOT
ADDITION TO AN EXISTING 1,759 SQUARE -FOOT SINGLE-FAMILY
RESIDENCE ON A 0.25 ACRE LOT LOCATED AT 1401 VALEVIEW
DRIVE, DIAMOND BAR, CA 91765 (APN 8701-007-044).
A. RECITALS
The property owner, Tian De Li, and applicant, Chen Kun Lee, has filed
an application for Development Review No. PL2017-183 application to
construct a 1,198 square -foot addition to an existing single-family
residence located at 1401 Valeview 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 10,986 gross
square feet (0.25 acres). It is located in the Low Density Residential (RL)
zone with an underlying General Plan land use designation of Low
Density Residential.
3. The legal description of the subject property is Lot 12 of Tract No. 42556.
The Assessor's Parcel Number -is 8701-007-044.
4. On August 17, 2018, public hearing notices were mailed to property
owners within a 1,000 -foot radius of the Project site. On August 17, 2018,
notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers.
Also, public notices were posted at the project site and the City's three
designated community posting sites.
5. On August 28, 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:
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;
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)
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 addition consisting of 1,198
square feet to an existing two-story, single-family residence is consistent
with the City's General Plan, Design Guidelines and development
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.
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 designed for a single-family home and the surrounding
uses are also single-family homes. In addition, no protected trees exist
on site.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single -
2 PC Resolution No. 2018-10
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 projectis designed to be compatible with the characterof the existing
homes in the neighborhood, in terms of massing and scale. The applicant
is proposing to add to the front and side of the house: 1,198 square feet
of addition area. The addition at the front and side of the house will be
located toward the east side of the house and will comply with the
minimum 10 -foot street side setback requirement. The addition will
maintain the existing 26'-6" front setback. The proposed addition will not
increase the height of the existing house. 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 1980s tract home with textured stucco, aluminum
windows with foam trim, and concrete tiles on a cross -gabled roof. The
fagade of the existing home will not change, with the exception of the
addition area. The proposed addition will match the existing house in
terms of the same building materials, window style, and roof form. The
existing 6:12 roof pitch and concrete tiles will be incorporated into the
addition. 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;
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 Departments
requirements.
3 PC Resolution No. 2018-10
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 orimprovements
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:
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. This approval does not include authorization to create an accessory dwelling
unit (ADU) on the subject property. Prior to the establishment of an ADU, the
property owner or designee shall apply for and obtain approval of a Plot Plan
application for such purpose, and comply with all conditions of imposed on said
approval.
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
b. Forthwith transmit a certified copy of this Resolution, by certified
mail to the property owner, Tian De Li, 1401 Valeview Drive,
Diamond Bar, CA 91765, and applicant, Chen Kun Lee, 21308
Pathfinder Road #204, Diamond Bar, CA 91765.
4 PC Resolution No. 2018-10
APPROVED AND ADOPTED THIS 28TH DAY OF AUGUST 2018, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Kenneth Mol , 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 28th day of August, 2018, by the following vote:
AYES: Commissioners: Farago, Mahlke, Wolfe, VC/Barlas, Chamr/Mak
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
5 DR PL2017-183
I -I _ I -' '-�- COMMUNITY DEVELOPMENT DEPARTMENT
"`��' STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW
AND REMODELED STRUCTURES
PROJECT M Development Review No. PL 2017-183
SUBJECT: To construct a 1,198 square -foot addition to an existing
1,759 square -foot, two-story, single-family residence.
PROPERTY Tian De Li
OWNER: 1401 Valeview Drive
Diamond Bar, CA 91765
APPLICANT: Chen Kun Lee
21308 Pathfinder Road #204
Diamond Bar, CA 91765
LOCATION: 1401 Valeview Drive, 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. PL2017-183 brought within the time
period provided by Government Code Section 66499.37. I`n 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.
6 PC Resolution No. 2018-10
(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. PL2017-183, 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. 2018-10,
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
7 PC Resolution No. 2018-10
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., and are
not allowed 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.
13. 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.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to
issuance of building or grading permit (whichever comes first), as
required by the City. School fees as required shall be paid prior to
the issuance of building permit. In addition, the applicant shall pay
all remaining prorated City project review and processing fees
prior to issuance of grading or building permit, whichever comes
first.
2. Prior to any plan check, all deposit accounts for the processing of
this project shall have no deficits.
C. TIME LIMITS
The approval of Development Review No. PL2017-183
expires within two years from the date of approval if the use
has not been exercised as defined per Diamond Bar Municipal
Code (DBMC) Section 22.66.050 (b)(1). In accordance with
8 PC Resolution No. 2018-10
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.
D. SITE DEVELOPMENT
1. This approval is to construct a 1,198 square -foot addition to an
existing 1,759 square -foot, two-story, single-family residence
located at 1401 Valeview Drive, as described in the staff report
and depicted on the approved plans on file with the Planning
Division, subject to the conditions listed below.
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.
9 PC Resolution No. 2016-10
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, 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.
10 PC Resolution No. 2018-10
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Protect in place the six trees within the right-of-way along Softwind Drive.
If trimming or root pruning is required, the applicant shall schedule a field
meeting for review prior to any tree work. Contact Parks and
Maintenance Superintendent, Anthony Jordan, at (909) 839-7063.
A. GENERAL
An Erosion Control Plan shall be submitted 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.
B. 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.
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.
Provisions for CAL Green 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 CAL Green Code.
An occupancy separation in the form of a one-hour fire and sound rated
wall between the accessory dwelling unit and main dwelling unit.
11 PC Resolution No. 2018-10
4. This structure will be permitted for a maximum of six bedrooms and six
bathrooms. Any deviation will require building permits.
Plan Check — Items to be addressed prior to plan approval:
5. 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.
6. 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).
7. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
8. All easements shall be shown on the site plan.
9. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
10. The size of the existing electrical service shall be justified with load
calculations or at least a 200 amp panel shall be installed.
Permit — Items required prior to building permit issuance:
11. 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.
12. 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.
13. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
14. 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 PC Resolution No. 2018-10
Construction — Conditions required during construction:
15. 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.
16. 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.
17. Existing fencing shall remain in-place during construction including pool
barrier fencing. Any alteration of the fencing may result in a
discontinuation of construction until the fences are returned to its original
state.
18. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
19. 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.
20. The location of property lines may require a survey to be determined by
the building inspection during foundation inspection.
21. 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.digalert.org.
22. 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.
23. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
24. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
13 PC Resolution No. 2018-10
25. Drainage patterns shall flow away from building structures and towards
the public way. The rear yard drainage shall not flow towards the addition
area and shall be diverted to the public way.
26. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
27. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
A
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