HomeMy WebLinkAboutPC 2021-05PLANNING COMMISSION
RESOLUTION NO. 2021-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO, PL2020-115 FOR A 1,224 SQUARE -FOOT ADDITION, 399 SQUARE -
FOOT PATIO COVER, 106 SQUARE -FOOT FRONT PORCH AND
351 SQUARE -FOOT DETACHED RECREATION ROOM AT AN EXISTING
1,702 SQUARE -FOOT SINGLE -STORY, SINGLE-FAMILY RESIDENCE ON A
19,359 SQUARE -FOOT LOT LOCATED AT 24206 GINGERWOOD PLACE,
DIAMOND BAR, CA 91765 (APN 8704-055-020).
A. RECITALS
1. The property owner, Brian and Michelle Lear, and applicant, Angelo
Reginaldo, have filed an application for Development Review
No. PL2020-115 to construct a 1,224 square -foot addition, 399 square -foot
patio cover, 106 square -foot front porch and a 351 square -foot detached
recreation room at an existing single -story, single-family residence located
at 24206 Gingerwood Place, 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 19,359 gross square
feet. It is located in the Rural Residential (RL) zone with an underlying
General Plan land use designation of Low Residential,
3. The legal description of the subject property is Lot 20 of Tract No. 35754.
The Assessor's Parcel Number is 8704-055-020.
4. On April 14, 2021, public hearing notices describing the Project were mailed
to property owners within a 1,000 foot radius of the Project site. On April 16,
2021, notification of the public hearing for this project was published in the
San Gabriel Valley Tribune newspaper. Public notices were also posted at
the project site and the City's four designated community posting sites.
5. On April 27, 2021, 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, THEREFQRE,
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-G4 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 building will not
change, which will not block any views and 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 beige stucco to
match the existing house. The roof on the front addition will be integrated
into the existing roof by using the same roof pitch and materials as the
existing house. The roof pitch at the rear addition is proposed at a lower
pitch, to avoid raising the overall height of the existing building. Matching
the roof type and pitch complies with the City's Design Guidelines where
architectural design should accentuate simplicity of line and form, restrained
2 PC Resolution No. 2021-05
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 Residential
zoning district by complying with all development standards such as
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 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 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 complies with 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 1U-0156 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-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 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
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
3 PC Resolution No. 2021-05
applicant is adding 1,224 square feet of livable area, the size of the home
at 2,926 square feet, is still comparable in mass and scale to the existing
homes in the neighborhood. Homes on Gingerwood Place range from
1,478 square feet to 3,035 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 1980s tract home with red concrete tiles on a gable and
hipped roof. The applicant is proposing to retain the existing building form
by proposing an addition that incorporates the same architectural elements
of the existing building such as matching the roof pitch and matching the
same building materials such as beige stucco finish, white fascia board and
white vinyl window trim. 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; 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 Qualify 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.
Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
4 PC Resolution No. 2027-05
3. On the plans submitted for building plan check, the applicant shall revise
the front porch to be centered and balanced, without partially blocking the
bedroom window
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, Brian and Michelle Lear, 24206 Gingerwood
Place, Diamond Bar, CA 91765; and applicant, Angelo Reginaldo,
23502 Grand Rim Court, Diamond Bar, CA 91765,
APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
William Rawlings, Chai person
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 27th day of April, 2021, by the following vote:
AYES: Comn.tissioners: Mok, Wolfe, VC/Garg, Chair/Rawlings
NOES: Commissioners: None
ABSENT: Commissioners: Barlas
ABSTAIN: Commissioners: None
ATTEST: / 1 '
Greg Gubman, ecretary
5 PC Resolution No. 2021-05
I'DIAi�IONDx VAC
r�,
a_. •DEVELOPMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL2020-115
SUBJECT: Construction of a 1,224 square -foot addition, 399 square -foot
patio cover, 106 square -foot front porch and a 351 square -foot
recreation room at an existing one-story,- single-family
residence.
PROPERTY Brian and Michelle Lear
OWNER: 24206 Gingerwood Place
Diamond Bar, CA 91765
APPLICANT: Angelo Reginaldo
23502 Grand Rim Court
Diamond Bar, CA 91765
LOCATION: 24206 Gingerwood Place, 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. PL2020-115 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 2021-05
(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. PL2020-115,
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. 2021-05 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, 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. 2021-OS
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
fi rst.
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
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. PL2020-115 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
8 PC Resolution No. 2021-05
Section 22.66.050(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 for the construction of a 1,224 square foot addition,
399 square -foot patio cover, 106 square -foot front porch and a
351 square -foot detached recreation room at an existing single-
family residence located at 24206 Gingerwood Place, Diamond Bar,
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.
9 PC Resolution No. 2021-05
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, 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
10
PC Resolution No. 2021-05
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) 839-70203 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., 2019 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(o).
All easements shall be shown on the site plan.
7. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
11 PC Resolution No. 2021-05
8. Any unpermitted structures such as the RV canopy on the side of the house
shall be removed.
Permit — Items required prior to building permit issuance:
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. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one year after permit issuance, and if a
successful inspection has not been obtained from the building official within
one -hundred -eighty (180) days from the date of permit issuance or the last
successful inspection. A successful inspection shall mean a documented
passed inspection by the city building inspector as outlined in Section 110.6.
14. 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.
15. 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.
16. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
17. 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.
18. 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 81.1 or their website at www.digalert.org.
12 PC Resolution No. 2021-05
19. 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.
20. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
21. Pursuant
to California
Residential
Code (CRC)
Section
R315, carbon
monoxide
detectors
are
required in
hails leading to
sleeping
rooms.
22. 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.
23. 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
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
24. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
25. All plumbing fixtures, including those
in existing areas,
shall
be low -flow
models consistent with California Civil
Code
Section
1101.1
to
1101.8.
13 PC Resolution No. 2021-OS