Loading...
HomeMy WebLinkAboutPC 2018-15ADMINISTRATIVE DEVELOPMENT REVIEW RESOLUTION NO. 2018-05 A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING ADMINISTRATIVE DEVELOPMENT REVIEW NO. PL2018-42 TO CONSTRUCT A .423 SQUARE -FOOT ADDITION INCLUDING A NEW FOYER AND A 74 SQUARE -FOOT PORCH TO AN EXISTING 1,704 SQUARE -FOOT SINGLE-FAMILY RESIDENCE ON A 6,660 SQUARE -FOOT LOT LOCATED AT 23436 ROBINBROOK PLACE, DIAMOND BAR, CA 91705 (APN 8702-005-052). A. RECITALS The property owners, Frank and Sherry Peng, and applicant, Rupert Mok, have filed an application for Administrative Development Review and No. PL2018-42 to construct a new 423 square -foot addition including a new foyer and a 74 square -foot porch to an existing one- story, single-family residence located at 23436 Robinbrook, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Administrative Development Review shall be referred to as the "Proposed Project." 2. The subject property is made up of one parcel totaling 6,660 square feet (0.15 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 21 of Tract No. 31063. The Assessor's Parcel Number is 8702-005-052. 4. On November 14, 2018, public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site. On November 16, 2018, the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin and a copy of the notice was posted at the City's three designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On November 28, 2018, the Hearing Officer 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 Hearing Officer of the City of Diamond Bar as follows: 1. The. Hearing Officer 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 Hearing Officer 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) Sections 22.48, the Hearing Officer hereby finds as follows: Administrative 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 consists of a 423 square -foot addition including a new foyer and a 74 square -foot porch to an existing one-story single-family residence. The addition is consistent with the City's General Plan, City Design Guidelines and development standards by complying with all required setbacks, lot coverage, building height, and distance separation requirements. The addition is located at the first floor main entry. 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. 2 ADR Resolution 2016-05 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. The proposed addition and front porch will not be intrusive to neighboring homes. Staff reviewed the elevations and visited the site to verify proper placement of windows located at the front of the house in relation to the surrounding adjacent homes. New windows will have minimal views into the front yard of the adjacent properties and will primarily be towards the street. 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 existing architecture is a 1970's tract design with textured stucco walls, brick veneer and concrete tiles on a hipped roof. The proposed addition is designed to blend into the existing house by using the building materials and exterior colors of the existing house. The proposed roof will be integrated into the existing by using the same roof pitch and materials as the existing structure. As such, the addition will be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing. The proposed addition is located at the front of the existing house. The proposed addition will use the same stucco finish and color, brick veneer and vinyl windows to match the existing house. The proposed roof will match the existing roof style, 5:12 pitch, and materials. Therefore, the proposed addition will preserve the architectural integrity of the existing construction by matching. exterior colors and building materials. 3 - ADR Resolution 2018-05 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within. the approved resolution, and the Building and Safety Division and Public Works 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 Hearing Officer hereby approves this Application, subject to the following conditions: 1. Development shall substantially comply with the plans and documents presented to the Hearing Officer at the public hearing. 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. 3. Prior to final inspection, the unpermitted patio cover in the rear yard shall be demolished. 4. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 ADR Resolution 2018-05 The Hearing Officer 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, Frank and Sherry Peng, 23436 Robinbrook Place, Diamond Bar, CA 91765, and applicant, Rupert Mok, 20955 Pathfinder Road Suite 100, . Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2018, BY THE HEARING OFFICER OF THE CITY OF DIAMOND BAR. M Greg Gubman, AICP Community Development Director 5 ADR Resolution 2018-05 _ 1I0IAb10nD BARDCOMMUNITY DEVELOPMENT DEPARTMENT 41 STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Administrative Development Review No. PL 2018-42 SUBJECT: PROPERTY Frank and Sherry Peng OWNER: 23436 Robinbrook Place Diamond Bar, CA 91765 APPLICANT: Rupert Mok 20955 Pathfinder Road Suite 100 Diamond Bar, CA 91.765 LOCATION: 23436 Robinbrook Place Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-70301 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 Administrative Development Review No. PL2018-42 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: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, ADR Resolution 201&05 including reasonable attorney's 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 Administrative Development Review No. PL2018-42, 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 Hearing Officer 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. 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 Friday, between the hours of 7:00. a.m. and 7:00 p.m., and are not allowed at any time on Saturdays, Sundays or holidays. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 8. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7 ADR Resolution 2018-05 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. 10. 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. 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. 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 1. The approval of Administrative Development Review No. PI -2018- 42 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 Hearing Officer 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. 8 ADR Resolution. 2018-05 D. SITE DEVELOPMENT 1. This approval is to construct a 423 square -foot addition including a new foyer and a 74 square -foot porch at the front of an, existing. one-story, single-family . residence located at 23436 Robinbrook Place, 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 Hearing Officer, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Administrative Development Review, 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 Hearing Officer 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 Hearing Officer, collectively attached referenced as site plans, floor plans, architectural elevations, and 9 ADR Resolution 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 DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. 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 10 ADR Resolution 2018-05 Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 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: 1. 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. 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. 3. All plumbing fixtures, including those in existing areas, shall be low - flow models consistent with California Civil Code Section 1101.1 to 1101.8. 4. Safety glazing shall be provided in hazardous location per CBC 2406. 5. Drainage around the addition area shall not flow towards property lines or building structures. 6. Lateral resistance of the structure shall account for the reduction of existing shear at the existing exterior wall. This shall be approved through plan check. 7. An occupancy separation shall be provided between the house and garage. 11 ADR Resolution 2018-05 . 8. Pool barriers shall be maintained on a continuous basis. Any removal of the barrier shall be immediately replaced. 9. The existing electrical panel relocation shall be approved through plan check and Southern California Edison. END 12 ADR Resolution 2018-05