HomeMy WebLinkAboutPC 2020-07PLANNING COMMISSION
RESOLUTION NO. 2020-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2019-179 TO CONSTRUCT A 1,029 SQUARE -FOOT REAR ADDITION;
AND DEMOLISH AN EXISTING 462 SQUARE -FOOT PATIO AND 600 SQUARE -
FOOT SHED AT AN EXISTING 1,554 SQUARE -FOOT, SINGLE -STORY
RESIDENCE ON A 10,000 SQUARE -FOOT LOT LOCATED AT 1959 VIENTO
VERANO DRIVE, DIAMOND BAR, CA 91765 (APN 8292-017-020).
A. RECITALS
1. The property owner, Yongli Luan, and applicant, Xin Wang, have filed an
application for Development Review No. PL2019-179 to construct a
1,029 square -foot rear addition, and demolish an existing 462 square -foot
patio and 600 square -foot shed at an existing 1,554 single -story residence
located at 1959 Viento Verano 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 10,000 gross square
feet (0,23 gross acres). It is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low
Density Residential.
3. The legal description of the subject property is Lot 82 of Tract No. 26151.
The Assessor's Parcel Number is 8292-017-020.
4. On January 29, 2020, public hearing notices were mailed to property
owners wn a 1000-foot radius of the Project site. On January 31, 2020,
notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers.
The project site was posted with a display board, and public notices were
posted at the City's four designated community posting sites.
5. Due to the lack of quorum on February 11, 2020, the meeting was adjourned
to February 25, 2020. A notice of continuance was posted on the notice
display board at the site and the City's four designated community posting
sites.
6. On February 25, 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 height of the proposed
addition will be less than the existing structure, which will maintain privacy
to adjacent residences. Exterior architectural forms and construction
materials of the addition will match the existing structure. The addition will
thus be integrated into the existing home and will not negatively impact the
look and character of the neighborhood.
A gradual transition between the Project and adjacent uses is achieved
through appropriate setbacks, building height, and window and door
placement. The applicant is incorporating windows in each room within the
addition, 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)]. The
proposed addition includes stuccoing the house with a light blue -grey stucco
2 PC Resolution No. 2020-07
to match the existing house. The roof on the addition will be integrated into
the existing roof by using the same roof pitch and materials as the existing
house, 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 B. Architecture (2)j.
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 south distance to
the structure on the adjacent lot), building height, and lot coverage. The
project site is not part of any theme area, specific plan, community plan,
boulevard orplanned 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. The addition complies with all minimum setbacks (with
the exception of the pre-existing south distance to the structure on the
adjacent lot). In addition, there are 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 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 height of the
proposed addition will not exceed the height of the existing structure and
designed to match the existing residence in style, color and building
3 PC Resolution No. 2020-07
material. Exterior architectural forms and materials of the addition will
match those of the existing structure. The addition will thus be equally
integrated into the existing home and not negatively impact the look and
character of the neighborhood.
The Project is designed to be compatible with the character of the existing
homes in the neighborhood, in terms of size and scale. Although the
applicant is adding 1, 029 square feet of livable area, the size of the home
at 2,583 square feet, is still comparable in mass and scale to the existing
homes in the neighborhood. Homes on Viento Verano Drive range from
1, 554 square feet to 2, 772 square feet. Additionally, the proposed addition
is on a single level and is appropriate for the site.
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 1970s tract home with composite roof shingles on a gable
and cross -hipped roof. The applicant is proposing to retain the existing
building form but is proposing an addition at the rear of the home and
incorporating windows to match existing. The applicant is also proposing
light blue -grey stucco and white fascia board to match the existing
residence. The roof on the addition will be integrated into the existing by
using the same roof pitch and roofing material to match the existing
structure. Therefore, the addition will be visually integrated into the existing
home and not negatively impact the look and characterof 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.
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.
�} PC Resolution No. 2020-07
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. Prior to final inspection, install landscaping in all planter areas including the front
and side yards.
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 owner, Yongli Luan, 1959 Viento Verano Drive,
Diamond Bar, CA 91765, and applicant, Xin Wang, 19834 Camino
De Rosa, Walnut, CA 91789,
APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY 2020, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
;L j
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 25th day of February, 2020, by the following vote:
AYES: Commissioners: Mok, Rawlings, VC/Farago, Chair/Barlas
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Greg Gubman, Secretary
5 DR PL2019-179
tiff
ir, �; COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2019=179
SUBJECT: To construct a 1,029 square -foot rear addition, and demolish an
existing 462 square -foot patio and 600 square -foot shed at an existing
single-family residence.
PROPERTY YongliLuan
OWNERS: 1959 Viento Verano Dr
Diamond Bar, CA 91765
APPLICANT: Xin Wang
19834 Camino De Rosa
Walnut, CA 91789
LOCATION: 1959 Viento Verano Drive Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
I. 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. PL2019-179 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, including
reasonable attorneys fees, incurred in defense of such claims.
C
(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. PL2019-179, 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. 2020-07, 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 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 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
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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, Bung
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
1. 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. PL2019-179 expires
within two years from the date of approval if the use has not
been exercised as defined pursuant to Diamond Bar Municipal Code
(DBMC) Section 22.66.050(b)(1). In accordance with DBMC
Section 22.60.050(c), the applicant may request, in writing, a one-year time
extension for Planning Commission consideration. Such a request must be
submitted to the Planning Division prior to the expiration date and be
accompanied by the review fee in accordance with the Fee Schedule in
effect at the time of submittal.
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D. SITE DEVELOPMENT
1. This approval is to construct a 1,029 rear addition, and demolish an existing
462 square -foot patio and 600 square -foot shed at an existing single family
residence located at 1959 Viento Verano Drive, as described in the staff
report and depicted on the approved plans on file with the Planning Division,
subject to the conditions listed herein.
2. The construction documents submitted for plan check shall be in substantial
compliance with the architectural plans approved by the Planning
Commission, as modified pursuant to the conditions below. If the plan
check submittal is not in substantial compliance with the approved
Development Review submittal, the plans may require further staff review
and re -notification of the surrounding property owners, which may delay the
project and entail additional fees.
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when work
for any phase of the project has been completed. The applicant shall inform
the Planning Division and schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding upon all
future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed
as a condition of the approval shall constitute a violation of the City's
Development Code. Violations may be enforced in accordance with the
provisions of the Development Code,
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to obtain
a building final and/or a certificate of occupancy until full compliance is
reached. The City 's requirement for full compliance may require minor
corrections and/or complete demolition of a non -compliant improvement,
regardless of costs incurred where the project does not comply with design
requirements and approvals that the applicant agreed to when permits were
pulled to construct the project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, collectively attached
referenced as site plans, floor plans, architectural elevations, and
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
E
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.
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
ensure 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.
11. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted 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.
T
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 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. All easements shall be shown on the site plan.
6. A soils report is required per CBC 1803 and all recommendations ofthe soils report
shall be adhered to.
7. 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.
8. The step in floor as shown on elevations shall be resolved during plan check.
Permit — Items required prior to building permit issuance:
9. 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.
10. 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.
11. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
12. 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:
13. 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.
14. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
15. 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.
16. 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.
17. 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.
18. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
19.
Pursuant
to California
Residential Code
(CRC) Section R315, carbon monoxide
detectors
are required
in halls leading to
sleeping rooms.
20. Drainage patterns shall match the approved grading/drainage plan from the Public
Works/Engineering Department. Surface water shall drain away from the building
12
at a 2% minimum
slope. The final as -built conditions shall
match the
grading/drainage plan
or otherwise approved
as -built grading/drainage
plan.
21. Special inspections and structural observation will be required in conformance with
CBC 1704 to 1709.
22. All plumbing fixtures, including those in existing areas, shall be low -flow models
consistent with California Civil Code Section 1101.1 to 1101.8.
END
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