HomeMy WebLinkAboutPC 2012-01PLANNING COMMISSION
RESOLUTION NO. 2012-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE
PERMIT NO. PL 2011-420 TO CONSTRUCT A 1,588 SQUARE -FOOT FIRST AND
SECOND STORY ADDITION TO THE FRONT OF AN EXISTING 4,468 SQUARE -FOOT
SINGLE-FAMILY RESIDENCE, AND CONTINUE A NONCONFORMING FRONT SETBACK
OF 20' FROM THE FRONT PROPERTY LINE (30' IS REQUIRED), NONCONFORMING
REAR SETBACK OF 12' (25' IS REQUIRED), AND NONCONFORMING SIDE SETBACKS
OF 10' TO THE NORTH AND 11' TO THE SOUTH (10' IS REQUIRED ON ONE SIDE AND
15' IS REQUIRED ON THE OTHER), LOCATED AT 2696 SHADY RIDGE LANE,
DIAMOND BAR, CA 91765 (APN 8713-036-031).
A. RECITALS
1. The property owners, Peter and Linda Ma, and applicant, James Qiu, have filed
an application for Development Review and Minor Conditional Use Permit
No. PL 2011-420 to construct a 1,588 square -foot first and second story
addition to the front of an existing 4,468 square -foot, single-family residence,
and to continue a nonconforming front setback of 20' from the front property line
(30' is required), nonconforming rear setback of 12' (where 25' is required), and
nonconforming side setbacks of 10' to the north and 11' to the south (10' is
required on one side and 15' is required on the other), located at 2696 Shady
Ridge Lane, City of Diamond Bar, County of Los Angeles, California.
Hereinafter in this resolution, the subject Development Review and Minor
Conditional Use Permit shall collectively be referred to as the "Project." The
project site is depicted in Exhibit 1.
2. The subject property is made up of one parcel totaling 1.3 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 Tract 30092 Lot 12. The
Assessor's Parcel Number is 8713-036-031.
4. On December 30, 2011, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. Public hearing notices were mailed to property owners within a
500 -foot radius of the Project site and public notices were posted at the City's
designated community posting sites on December 30, 2011. In addition to the
published and mailed notices, the project site was posted with a display board
and the notice was posted at three other locations within the project vicinity.
5. On January 10, 2012, 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.
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.
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.2.b) (additions to
existing structure provided that the addition will not result in an increase of more
than 10,000 square feet if the area in which the project is located is not
environmentally sensitive) 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) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
Development Review Findinqs (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 and layout of the proposed 1,588 square -foot first and second story
addition to the front of the house is consistent with the City's General Plan, City
Design Guidelines and development standards by meeting a// of the setbacks
and continuing the existing non -conforming front, rear, and side setbacks. The
front, rear, and side setback will maintain the existing nonconforming setbacks,
and will not further encroach into the nonconforming setback.
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 for a single family residential home and the surrounding uses are also for
single family residential homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single family
residential home because it is a continuation of an existing use.
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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 proposed first and second story addition is designed to be compatible with
the character of the eclectic neighborhoods in The Country Estates. The
proposed addition will maintain the Ranch style of architecture with earth -tone
shades for the exterior finish to soften the building's visual impact and assist in
preserving the hillside's aesthetic value.
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 design of the existing single-family home is a 1970s Ranch design.
Variation in the building elements has been achieved through the utilization of
varying architectural features and building materials. The neutral building
colors will remain the same.
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 proposed Project is required to
comply with all conditions within the approved resolution and the Building and
Safety Division and Public Works Department requirements. The referenced
agencies, through the permit and inspection process, 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.2.b) (additions to existing structure provided that the addition
will not result in an increase of more than 10,000 square feet if the area in
which the project is located is not environmentally sensitive) of the CEQA
Guidelines.
Minor Conditional Use Permit Findinqs (DBMC Section 22.56.040
1. The proposed use is allowed within the subject zoning district with the approval
of a Minor Conditional Use Permit and complies with all other applicable
provisions of this Development Code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RR zone. A Minor
Conditional Use Permit (MCUP) is requested to continue an existing
nonconforming front setback of 20' from the front property line, nonconforming
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DR/MCUP PL2011-420
rear setback of 12', and nonconforming side setbacks of 10' on one side and
11' on the other.
The substandard front, rear, and side setbacks of the building renders the
project nonconforming. The addition of a nonconforming structure requires
approval of a Minor Conditional Use Permit. The proposed addition of a 1,588
square -foot family room addition on the first floor and two new bedrooms on the
second floor complies with the development standards of the RR zone and will
not further encroach into the nonconforming setbacks.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity;
The existing single-family dwelling and the proposed addition of a 1, 588 square -
foot family room addition on the first floor and two new bedrooms on the second
floor is consistent with the development standards for the site and the
surrounding neighborhood. The design of the existing single-family dwelling
and the proposed addition are compatible with the character of the eclectic
neighborhoods in The Country Estates.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land is
consistent with the surrounding land uses. The proposed addition of floor area
is consistent with the development standards for the RR zone and will not
further encroach into the existing nonconforming setbacks.
5. Granting the Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience or welfare, or materially injurious to
persons, property or improvements in the vicinity and zoning district in which
the property is located; and
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling
units located in the surrounding neighborhood. The proposed expansion of the
dwelling unit will not negatively impact the public interest, health, safety
convenience or welfare.
6. The Proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
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DR/MCUP PL2011-420
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.2.b) (additions to existing structure provided that the addition
will not result in an increase of more than 10,000 square feet if the area in
which the project is located is not environmentally sensitive) 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'.
A. Planning Division
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing regarding this
proposed project; and
2. Any new landscaping installed on the property shall be non-invasive species
and shall be reviewed and approved by the Planning Division;
B. 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, Peter and Linda Ma, 1371 Rangeton Drive,
Diamond Bar, CA 91765, and applicant, James Qiu, 2201 Cathryn Place,
Rosemead, CA 91770.
APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2012, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack <'�>
1, Greg Gubma , 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 10th day of January, 2012, by the following vote:
AYES: Commissioners: Nelson, Torng, VC/Lee
NOES: Commissioners: None
ABSENT: Commissioners: Lin, Chair/Shah
ABSTAIN: Commissioners: None
ATTEST: _�=' Y-41
Greg Gubman, Secretary
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DR/MCUP PL20 11-420
COMMUNITY DEVELOPMENT DEPARTMENT
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USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2011-420
SUBJECT: To construct a 1,588 square -foot first and second story addition to
an existing single-family home.
PROPERTY Peter and Linda Ma
OWNER(S): 1371 Rangeton Drive
Diamond Bar, CA 91765
APPLICANT(S): James Qiu
2201 Cathryn Place
Rosemead, CA 91770
LOCATION: 2696 Shady Ridge Lane, Diamond Bar, CA 91765
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. In accordance with Government Code Section 66474.9(b)(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 and Minor Conditional Use Permit
No. PL 2011-420 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.
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DR/MCUP PL2011-420
(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 and Minor Conditional Use Permit
No. PL 2011-420, 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. 2012-01, 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 riot 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 property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
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DR/MCUP PL2011-420
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 and Minor Conditional Use Permit
No. PL 2011-420 expires within two years from the date of approval if the use
has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to DBMC
section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. 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, including:
uding: site plans, floor plans, and architectural
elevations on file with the Planning Division, the conditions contained herein,
and the Development Code regulations.
2. 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.
3. All roof -mounted equipment shall be screened from public view.
4. 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.
5. All landscaping, structures, architectural features and public improvements
damaged during 'construction shall be repaired or replaced upon project
completion.
E. SOLID WASTE
The site 'Shall be maintained in a condition, which is free of debris both during
and after the construction, addi * tioh, 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,
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DRIMCUP PL2011-420
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.
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 concurrently with the drainage 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.
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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.
C. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
D. SEWERS/SEPTIC TANK
1. Any homeowner that installs a new septic tank system, repairs and existing
septic tank or adds any plumbing fixture units or bedroom equivalents to the
facility served by an existing septic system will need to submit a Notice of Intent
(NOI) to the Regional Water Quality Control Board for Waste Discharge
Requirements and submit a copy of the sent NOI and check to the City. This
shall be fulfilled prior to bldg. permit issuance.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7026)
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2010 California
Building Code, California Plumbing Code, California Mechanical Code, and the
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check submittal.
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DR/MCUP PL2011-420
2. Occupancy of the facilities shall not commence until such time as all California
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. The project shall be protected by a construction fence or barricade to the
satisfaction of the Building Official.
4. All underground utilities shall be marked and identified prior to any construction.
The applicant shall contact Dig Alert (811).
5. 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.
6. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum six foot high fence.
7. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
8. The minimum design load for wind in this area is 85 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 Arch itectlEng i nee r with wet
stamp and signature.
9. 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.
10. A height survey may be required at completion of framing.
11. All balconies shall be designed for 601b. live load.
12. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
13. Indicate all easements on the site plan.
14. 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 of requirements of the fire zone.
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.
15. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
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16. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
17. Specify location of tempered glass as required by code.
18. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
19. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board. The sewer
or septic system shall be identified on plans.
20. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
21. A soils report is required and all recommendations of the soils report shall be
adhered to.
22. Slope setbacks consistent with California Building Code Figure 1805.3.1.
Foundations shall provide a minimum distance to daylight.
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 location of property lines and building pad may require a survey.
25. A method of water infiltration shall be in-place that is equivalent to visqueen.
26. Outdoor air ventilation shall be provided in accordance with ASHRAE Standard
62.2 per California Energy Code 149(0).
ME
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DRIMCUP PL2011-420