HomeMy WebLinkAboutPC 2020-02PLANNING COMMISSION
RESOLUTION NO, 2020=02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2019-138 FOR A 2,067 SQUARE -FOOT ADDITION, 118 SQUARE -
FOOT FRONT PORCH, 180 SQUARE -FOOT SECOND -STORY DECK,
353 SQUARE -FOOT LOWER LEVEL DECK, 60 SQUARE -FOOT BALCONY,
AND AN EXTERIOR AND INTERIOR REMODEL TO AN EXISTING
TWO-STORY, SINGLE-FAMILY RESIDENCE ON A 1.11 GROSS ACRE
(48,352 SQUARE -FOOT) LOT LOCATED AT 2137 ROCKY VIEW ROAD,
DIAMOND BAR, CA 91765 (APN 8713-030-009).
A. RECITALS
1. The property owner, Jonathan Samson, and applicant, Walt Patroske, have
filed an application for Development Review No. PL2019-138 to construct a
2,067 square -foot addition, 118 square -foot front porch, 180 square -foot
second -story deck, 353 square -foot lower level deck, 60 square -foot
balcony, and an exterior and interior remodel located at 2137 Rocky View
Road, Diamond Bar, County of Los Angeles, California. Hereinafter in this
Resolution, the subject Development Review shall be referred to as the
"Project."
2. The subject property consists of one parcel totaling 48,352 gross square
feet (1.11 gross acres). It is located in the Rural Residential (RR) zone with
an underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Lot 131 of Tract No. 30091.
The Assessor's Parcel Number is 8713-030-009.
4. On January 3, 2020, public hearing notices describing the Project were
mailed to property owners within a 1,000 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. Public notices were also posted at the project site and
the City's four designated community posting sites.
5. On January 14, 2020, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing for the Project, 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 LU-P-56 requires that development on
privately -owned, residentially designated land in hillside areas shall be
compatible with the surrounding natural areas promoting design principles
such as minimizing grading, preserving existing vistas, incorporate site and
architectural design that is sensitive to the hillsides, and require fuel
modification. The Project does not propose any grading, will not block any
views, proposes a simple architectural design as not to detract from the
hillsides and will be required to implement fuel modification.
A gradual transition between the project and adjacent uses is achieved
through appropriate setbacks, building height, window and door placement,
and the proposed exterior remodel of the single-family residence
incorporates various details and architectural elements such as grey
concrete tile roofing, smooth stuccoed wall surfaces, casement windows set
flush with the outer walls, dark trim, metal awnings and railings, which
provide for a contemporary, minimalist style that 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 B. Architecture (2)].
The Project complies with all development standards of the Rural
Residential zoning district by meeting all development standards such as
2 PC Resolution No. 2020-02
required setbacks, 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 and renovation 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 single-family house 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 exceeds the minimum number of required off-street
parking spaces.
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 Policy LU-P-56 requires that residential
development be compatible with the prevailing character of the surrounding
neighborhood in terms of building scale, density, massing, and design. The
City's General Plan Goal CC-G4 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.
Although the applicant is adding 2,067 square feet of living space with a
total living space of 4, 226 square feet, the home is still comparable in mass
and scale to existing homes on similar lots in The Country. The scale and
proportions of the proposed addition are well balanced and appropriate for
the 1.11-acre site. The contemporary building style, white smooth stucco
color, and gabled roofline is compatible with other homes in the
neighborhood since the architecture in The Country is eclectic, and includes
a variety of architectural designs. The Project minimizes negative impacts
on surrounding uses since the house is already existing and the height will
be lowered by a few inches with the addition and remodel. Additionally, the
Project will not block existing views from adjacent properties. In sum, the
Project fits the character of the neighborhood on which it is proposed.
3 PC Resolution No. 2020-02
4. The design of the proposed development will provide a desirable
erivironment 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 exterior remodel and addition will not be intrusive to
neighboring homes and will be aesthetically appealing by integrating
updated materials such as, the roofing, smooth stuccoed wall surfaces,
casement windows set flush with the outer walls, dark trim, metal awnings
and railings. The colorscheme and updated metal garage doors will further
enhance the minimalist style. The scale and proportions of the proposed
home are well balanced and appropriate for the site.
The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values or
resales) of property) to the properties or improvements in the vicinity; and
Before the issuance of any City permits, the 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 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.
Prior to final inspection, the landscaping in the front yard shall be restored.
3. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
PC Resolution No. 2020-02
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 owner, Jonathan Samson, 2442 Alamo Heights Dr,
Diamond Bar, CA 91765; and applicant, Walt Patroske, 2132 S Grove
Ave #F, Ontario, CA 91761.
APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2020, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
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, Rawl.r&ngs, VC/Farago, Chair/Barlas
NOES: Commissioners: None
ABSENT: Commissioners: none
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
rj DR No. PL2019-138
0101BAR11
COMMUNITY•'
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL2019-138
SUBJECT: Construction of a 2.067 square -foot
addition.
118 square -foot front
porch, 180 square -foot second
story
deck, 60
square -foot balcony,
353 square -foot lower level deck
and an exterior
and interior remodel.
PROPERTY Jonathan Samson
OWNER: 2442 Alamo Heights Dr
Diamond Bar, CA 91765
APPLICANT: Walt Patroske
2132 S Grove Ave #F
Ontario, CA 91761
LOCATION: 2137 Rocky View Road, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. 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. PL2019-138 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,
6 PC Resolution No. 2020-02
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. PL2019-138,
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. 2020-02 and
Standard Conditions 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,
ail conons
of approval shall
be completed.
7. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
8. Approval of this request shall not waive compliance with all sections
of the Development Code, all other applicable City Ordinances, and
any applicable Specific Plan in effect at the time of building permit
issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation
plans shall be coordinated for consistency prior to issuance of City
] PC Resolution No. 2020-02
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
1. The approval of Development Review No. PL2019-138 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 DBMC
Section 22.66.050(c), the applicant may request, in writing, a one-
year time extension for Planning Commission consideration. Such a
8 PC ResoNtion Na. 2020-02
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 for the construction of a 2,067 square -foot addition,
118 square -foot front porch, 180 square -foot second story deck, 60
square -foot balcony, 353 square -foot lower level deck and an
exterior and interior remodel to an existing single-family residence
located at 2137 Rocky View Road, 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.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
9
PC Resolution No. 2020-02
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.
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
Pollutant Discharge Elimination System (NPDES) standards and
10
PC Resolution No. 2020-02
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:
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. 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.
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 balconies shall be designed for 1.5 times the live load for the area served
per CBC Table 1607.1 (emergency regulations).
7. All easements shall be shown on the site plan.
11 PC Resolution No. 2020-02
8. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet requirements of the fire zone per
CBC Chapter 7A.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
c. Eaves shall be protected.
d. Exterior construction shall be one -hour or non-combustible.
e. Fuel modification plans shall be approved through LA County Fire Fuel
Modification Unit.
f. LA County Fire shall approve plans for fire flow availability due to home
being over 3600 sf as required per CFC Appendix B105.1,
9. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
10. Slope setbacks shall be consistent with California Building Code "Figure
1805.3.1 and California Residential Code R403.1.7. Foundations shall
provide a minimum distance to daylight.
11. Plans shall reflect that the existing areas to be legalized shall be exposed
and where required to be retrofitted.
12. Electrical loading to the existing panel shall be justified for adequacy.
Permit— Items required prior to building permit issuance:
13. 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.
14. 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.
15. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
16. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
12 PC Resolution Na. 2020-02
17. All workers on the job shall be covered by workman compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
Construction — Conditions required during construction:
18. Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
19. 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.
20. 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.
21. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
22. 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.
23. 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.
24. 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.
25. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
26. Pursuant
to California
Residential
Code (CRC)
Section
R315, carbon
monoxide
detectors
are
required
in
halls
leading to
sleeping
rooms.
27. 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.
28. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42" minimum in height, 4" maximum spacing
13 PC Resolution No. 2020-02
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
29. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
30. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.81
END
14 PC Resolution No. 2020-02