HomeMy WebLinkAboutPC 2020-01PLANNING COMMISSION
RESOLUTION NO. 2020=01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2019-143 TO CONVERT AN EXISTING 492 SQUARE -FOOT GARAGE
INTO LIVING AREA AND CONSTRUCT A 46 SQUARE -FOOT PORCH
ADDITION AND 400 SQUARE -FOOT GARAGE, AND A FAQADE REMODEL
TO AN EXISTING 1,330 SQUARE -FOOT, SINGLE -STORY RESIDENCE ON A
6,100 SQUARE -FOOT LOT LOCATED AT 20515 FLINTGATE DRIVE,
DIAMOND BAR, CA 91789 (APN 8762-034-025).
A. RECITALS
1. The property owners, losua and Manilyn Matau, and applicant, Partricio
Culqui, have filed an application for Development Review No. PL2019-143
to convert an existing 492 square -foot garage into living area and construct
a 46 square -foot addition and 400 square -foot garage to an existing
1,330 square -foot, single -story residence located at 20515 Flintgate 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 6,100 gross square
feet (0.14 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 19 of Tract No. 25391.
The Assessor's Parcel Number is 8762-034-025.
4. On December 30, 2019, public hearing notices were mailed to property
owners within a 500-foot radius of the Project site. On January 3, 2020,
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 January 14, 2020,
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 of the Project is consistent with the applicable elements of the
City's General Plan, City Design Guidelines and development standards.
The City's General Plan Policy CC-G-4 requires the preservation of the
scale and character of existing residential neighborhoods and ensure
sensitive transitions between densities and uses. The Project will be
compatible with neighboring homes since the house is existing and the
height will remain. The Project will not block existing views from adjacent
homes since it is a single -story house and the adjacent homes are two-story
and have views to the north.
A gradual transition between the project and adjacent uses is achieved
through appropriate setbacks, building height, and window and door
placement. The applicant is proposing to enhance the front elevation by
relocating the existing bedroom window, adding an additional bedroom
window, and adding a furred -out wall to the existing portion of the house to
break up the large span of blank wall that faces the street, which complies
with the City's Design Guidelines where large wall expanses that have no
windows should be avoided [City's Design Guidelines D. Fenestration
(Placement of Doors and Windows) (2)j, The proposed exterior changes
include restuccoing the house with a light blue -grey stucco, and adding grey
2 PC Resolution No. 202�-Ot
stone veneer wainscoting along the base on the front and side elevations
where there is visibility from the street. Additionally, the porch is being
added to face the street. The roof on the addition will be integrated into the
existing roof by using the same roof pitch as the existing house, but
reroofing the entire house with new dark grey color asphalt shingles, which
complies with the City's Design Guidelines where architectural design
should accentuate simplicity of line and form, restrained and understated
elegance, as opposed to the overly ornate or monumental [City's Design
Guidelines A. Site Planning (2) and 8. Architecture (2)].
The Project complies with all development standards of the Low Medium
Residential zoning district by meeting all development standards such as
required setbacks (with the exception of the pre-existing west side setback
and distances to the structures on the adjacent lots), building height, and lot
coverage. 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-
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 City's General Plan Goal CC-G-4 also requires the preservation of the
scale and character of existing residential neighborhoods and ensure
sensitive transitions between densities and uses. The City's Design
Guidelines Architecture (1) requires compatibility with the surrounding
character including harmonious building style, form, size, color, material
and roofline. The City's General Plan Policy LU-P-8 ensures that new
residential development be compatible with the prevailing character of the
surrounding neighborhood in terms of building scale, density, massing, and
design. The Project will be compatible with neighboring homes since the
house is existing and the height will remain. The Project will not block
3 PC Resolution No. 2020-01
existing views from adjacent homes since it is a single -story house and the
adjacent homes are two-story and have views to the north.
The Project is designed to be compatible with the character of the existing
homes in the neighborhood, in terms of size and scale. The Project is
located between existing, two-story homes to the west and east that have
views to the north. The proposed garage is set back 27'- 2" from the front
property line. The addition does not further encroach into the existing 5'-9"
side setback to the west, the 11'-5"distance to the structure on the adjoining
lot to the west, or the 12'40" distance to the structure on the adjoining lot
to the east since it is located at the front of the 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 home is a 1960s tract home with a gable roof and asphalt roof shingles.
The applicant is proposing to retain the existing building form but is
proposing changes to the fagade by enhancing the front elevation by
relocating the existing bedroom window, adding an additional bedroom
window, and adding a furred -out wall to the existing portion of the front of
the house to break up the large span of blank wall that faces the street. The
applicant is also proposing to restucco the entire house with a light blue -
grey stucco and add grey stone veneer wainscoting along the base on the
front and side elevations where there is visibility from the street.
Additionally, the porch/front entrance to the house is being added to face
the street. The roof on the addition will be integrated into the existing roof
by using the same roof pitch as the existing house, but reroofing the entire
house with new dark grey color asphalt shingles. Therefore, 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.
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.
4 PC Resolution No. 2020-01
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. On the plans submitted for plan check, provide recessed windows with a trim on
the south (front) elevation.
3. 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, Isosua and Manilyn Matau, 20515 Flintgate
Drive, Diamond Bar, CA 91789, and applicant, Patricio Colqui,
5239 W. 120th St., Inglewood, CA 90304,
APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2020, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
C"
By: -
Naila Barlas, Chairperson
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 14th day of January, 2020, by the following vote:
AYES: Commissioners: Mahlke, Mok, Rawlings, VC/Farago, Chair/Barlas
NOES: Commissioners: none
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: �
Greg Gubman, Secretary
5
DIiTOND IIARCOMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2019-143
SUBJECT: To convert an existing 492 square -foot garage into living area
and construct a 46 square -foot addition and 400 square -foot
garage to an existing single -story residence.
PROPERTY Isosua and Manilyn Matau
OWNERS: 20515 Flintpate Drive
Diamond Bar, CA 91789
APPLICANT: Patricio Colgui
5239 W. 120th St.
Inglewood, CA 90304
LOCATION: 20515 Flintpate Dr., Diamond Bar, CA 91789
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. PL2019-143 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. 2020-01
(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. PL2019-143,
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, 2020-01,
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. 2020-01
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,
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.
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. PL2019-143 expires
within two years from the date of approval if the use has not
been exercised as defined pursuant to Diamond Bar Municipal Code
PC Resolution No. 2020-Ot
(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.
D. SITE DEVELOPMENT
1. This approval is to convert an existing 492 square -foot garage into
living area and construct a 46 square -foot porch addition and
400 square -foot garage and a fagade remodel to an existing
1,330 square -foot, single -story residence with an located at
20515 Flintgate 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
9 PC Resolution No. 2020-01
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
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.
PC Resolution No. 2020-01
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted concurrently with the
grading 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,
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) 839-70205 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 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:
The minimum design Toad 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.
11 PC Resolution No. 2020-Ot
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).
Permit —Items required prior to building permit issuance:
5. 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.
6. 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.
7. AOMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
8. 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.
Construction —Conditions required during construction:
9. 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.
10. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
11. 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.
12. 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.
13. 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.
14. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
1 2 PC Resolution No. 2020-01
15. Pursuant
to California
Residential
Code (CRC)
Section
R315, carbon
monoxide
detectors are
required
in
halls leading to
sleeping
rooms.
16. 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.
17. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
18. All plumbing fixtures, including those
in existing areas,
shall
be low -flow
models consistent with California Civil
Code Section 1101.1
to
1101.81
19. The garage floor being converted to habitable space shall be waterproofed
to prevent moisture intrusion.
20. All sleeping rooms shall be provided with a window that has adequate
emergency egress.
21. An occupancy separation shall be provided between the dwelling unit and
garage.
13 PC Resolution No. 2020-01