HomeMy WebLinkAboutPC 2021-03PLANNING COMMISSION
RESOLUTION NO, 2021-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
DENYING DEVELOPMENT REVIEW NO. PL2020-142 TO CONSTRUCT A 670 SQUARE -
FOOT ADDITION AND COMPREHENSIVE EXTERIOR REMODEL FOR AN EXISTING 2,252
SQUARE -FOOT, TWO STORY SINGLE-FAMILY RESIDENCE ON A 9,609 SQUARE -FOOT
LOT LOCATED AT 1523 SILVER RAIN DRIVE, DIAMOND BAR, CA 91765 (APN 8702-019-
041).
A. RECITALS
1. The property owner and applicant, Jim Pan, has filed an application for
Development Review No. PL2020-142 to construct a 670 square -foot addition and
comprehensive exterior remodel for an existing 2,252 square -foot, two-story
single-family residence located at 1523 Silver Rain 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 comprised of one parcel totaling 9,609 square feet. It is
located in the Low Medium Residential (RLM) zone with an underlying General
Plan land use designation of Low Medium Residential.
3. The legal description of the subject property is Lot 80 of Tract No. 31062. The
Assessor's Parcel Number is 8702-019-041.
4. On January 29, 2021, public hearing notices were mailed to property owners within
a 1,000-foot radius of the Project site. Also, public notices were posted at the
project site and the City's four designated community posting sites. On January
29, 2021, notification of the public hearing for this project was published in the San
Gabriel Valley Tribune newspaper.
5. On February 9, 2021, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, received a staff report and information
concerning the Project from City Staff, solicited testimony and evidence from the
applicant and all other interested individuals, and concluded said hearing on that
date. The applicant and all other interested individuals were given an opportunity
to be fully heard and to present evidence at the public hearing.
6. After the close of the public hearing, the Planning Commission gave due and
careful consideration to the matter and, upon a motion duly passed 4-0, with
Commissioner Barlas being absent, directed staff to prepare a resolution for denial
of the Proposed Project based on the facts and information contained in the oral
and written record.
7. The documents and materials constituting the administrative record of the
proceedings upon which the Planning Commission's decision is based are located
at the City of Diamond Bar, Community Development Department, Planning
Division, 21810 Copley Drive, Diamond Bar, CA 91765.
Be RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
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;
Based on the findings and conclusions set forth below, the Proposed Project is
denied.
Because the Proposed Project is denied, the Proposed Project is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to the
provisions of Article 19, Section 15270(a) of the CEQA Guidelines.
C. FINDINGS OF FACT AND CONCLUSIONS
Based upon the totality of the information provided and substantial evidence in the
administrative record, the Planning Commission hereby finds and determines that the
architectural design of the proposed development is not compatible with the character
of the surrounding neighborhood and will not maintain or enhance the harmonious,
orderly and attractive development contemplated by Chapter 22.48 of the Diamond Bar
Municipal Code —Development Review Standards, the City's Design Guidelines, the
City's General Plan, or any applicable specific plan. Based on the above, the following
two (2) findings required for approval of a Development Review pursuant to. DBMC
Section 22.48.040 cannot be made:
"(1) The design and layout of the proposed development are consistent with the
general plan, 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);"
"(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 this chapter,
the general plan, or any applicable specific plan;"
The facts and reasons supporting this determination include the following:
The City's General Plan Policy LU-P-18 requires development to be sensitive to
the building form, density, massing, and scale of surrounding residential
neighborhoods. 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 use. Moreover, the City's
Design Guidelines require compatibility with the surrounding character including
harmonious building style, form, size, color, material and roofline.
The subject property located within a neighborhood comprised of 1970s-era tract
homes, and is situated on a cul-de-sac along with eight other homes. The
prevailing architectural style of the neighborhood is generally characterized as
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traditional, with pitched roof forms and material palettes that are typical of the
period during which they were built, such as stucco, wood and brick. In contrast,
the architectural design of the Proposed Project follows a modernist design
vocabulary, with flat roofs, box -like modules, and a contemporary material palette
that includes metal and large expanses of glass, and is thus a radical departure
from the vernacular of the neighborhood.
Rather than being compatible and harmonious with the form and building style of
the surrounding neighborhood, the proposed exterior remodel sets itself apart
and distinguishes itself from the surrounding neighborhood in both areas. As
such, the findings necessary for General Plan conformance and consistency with
the City's Design Guidelines and for compatibility with the character of the
surrounding neighborhood cannot be made by the Planning Commission.
The Planning Commission shall:
aI Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to the
property owner and applicant, Jim Pan, 1523 Silver Rain Drive, Diamond Bar, CA
91765,
D. RELIANCE ON RECORD
Unless otherwise provided, each and every one of the findings and conclusions in this
Resolution are based on the competent and substantial evidence, both oral and written,
contained in the entire record relating to the Proposed Project. The findings and
conclusions constitute the independent findings and conclusions of the Planning
Commission in all respects and are fully and completely supported by substantial
evidence in the record as a whole. Unless otherwise provided, all summaries of
information in this Resolution are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
PASSED, APPROVED AND ADOPTED THIS 231d DAY OF FEBRUARY 2021, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Ken eth Mok, Chairperson
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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 23rd day of February 2021, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Wolfe, V/C Rawlings, Chair/Mok
None
Barlas, Garg
None
ATTEST: _
Greg Gubm n, Secretary
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