HomeMy WebLinkAboutPC 2012-03PLANNING COMMISSION
RESOLUTION NO. 2012-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE
PERMIT NO. PL 2011-423 TO CONSTRUCT A 1,188 SQUARE -FOOT ADDITION TO THE
REAR OF AN EXISTING 1,906 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE AT
1228 CALBOURNE DRIVE, DIAMOND BAR, CA 91789 (APN 8762-031-005), AND
CONTINUE A NONCONFORMING BUILDING SEPARATION DISTANCE TO THE
STRUCTURE ON THE ADJACENT LOT OF 14'-6" TO THE STRUCTURE TO THE WEST.
A. RECITALS
1 The property owner Karen Liu ("Owner") and applicant Ben Kawachi ("Applicant")
have filed an application No. PL 2011-423, requesting approval of the following
entitlements on a parcel of land located at 1228 Calbourne Drive ("Subject
Property"):
a. Development Review approval to construct a 1,188 square -foot , ground -
floor addition to an existing 1,906 square -foot, one-story, single-family
residence; and
b. A Minor Conditional Use Permit to allow the continuation of a
nonconforming building separation distance between the Subject Property
and the adjacent parcel to the west (a minimum of 15 feet between
structures is required, whereas the pre-existing building separation is 14.5
feet).
2. The Subject Property is comprised of one parcel totaling 0.24 acres located in
the Low Density Residential (RL) zone with an underlying General Plan land use
designation of Low Density Residential.
3. The legal description of the Subject Property is Lot 23 of Tract 29185. The
Assessor's Parcel Number is 8762-031-005,
4. On January 13, 2012, 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 January 13, 2012. 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 24, 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.
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.
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 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 and layout of the proposed 1,188 square -foot addition to the rear of
the house is consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all of the setbacks, except for the pre-
existing, nonconforming distance separation to the structure on the adjacent west
lot. The project will maintain the existing distance to the adjacent building and
will not further encroach into the nonconforming distance to the structure.
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.
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;
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Planning Commission Resolution No, 2012-03
The existing architectural style of the home is 1960s tract design. The applicant
is proposing to remodel the existing home with a more contemporary design. The
applicant is proposing to retain the existing building form, but update the details
to give the home a more contemporary appearance. The project is designed to
be compatible and complementary to the neighborhood by keeping similar
architectural details of the neighboring existing tract homes. There is no specific
plan for this area.
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 1960s tract style. 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 Findings (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 RL zone. A Minor
Conditional Use Permit (MCUP) is requested to continue an existing
nonconforming distance to the structure on the adjacent lot to the west. The
addition of a nonconforming building separation requires approval of a Minor
Conditional Use Permit. The proposed addition of a 1,188 square -foot new
addition complies with the development standards of the RL zone and will not
further encroach into the nonconforming building separation.
2. The proposed use is consistent with the general plan and any applicable specific
plan;
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Planning Commission Resolution No. 2012-03
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 1,188 square -
foot new addition are 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 neighborhood through the use
of similar architectural features. The applicant is proposing to retain the existing
building form, but update the details to give the home a more contemporary
appearance. The project is designed to be compatible and complementary to the
neighborhood by keeping similar architectural details of the neighboring existing
tract homes.
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 RL 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).
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:
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Planning Commission Resolution No, 2012-03
A. Planninq Division
11 Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing regarding this proposed
project; and
2. Landscaping damaged during construction will need to be restored upon project
completion.
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, Karen Liu, 1959 W. 235th Street, Torrance, CA
90501, and applicant, Ben Kawachi, 19210 Allwood Court, Rowland
Heights, CA 91748.
APPROVED AND ADOPTED THIS 24th DAY OF JANUARY 2012, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jack Sha , Chairman
1, 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 24th day of January, 2012, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN,
Commissioners:
ATTEST:
Greg Gubman, Secretary
Lin, Nelson, Torng, Chair/Shah
None
VC/Lee
None
5
DRIMCUP PL2011-423
COMMUNITY DEVELOPMENT DEPARTMENT
J
1111liq
USE PERMITSCOMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2011-423
SUBJECT: To construct a 1,188 square -foot addition to the rear of an existing
1,906 square -foot, single-family continue a
nonconforming distance to the structure on the adjacent lot of 14'-
6" to the structure to the west (15' is required).
PROPERTY Karen Liu 235th OWNER(S): 1915 W. 235 Street
Torrance, CA 90501
APPLICANT(S): Ben KawaGhi
19210 Allwood Court
Rowland Heights, CA 91748
LOCATION: 1228 Calbourne Drive, Diamond Bar, CA 91789
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 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 2011-423 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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Planning Commission Resolution No. 2012-03
(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 2011-423, 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. 2012-03, 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 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 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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Planning Commission Resolution No. 2012-03
a
C.
A
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.
TIME LIMITS
1. The approval of Development Review and Minor Conditional Use Permit
No. PL 2011-423 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.
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, collectively attached hereto as Attachment 2 including:
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
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
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Planning Commission Resolution No. 2012-03
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.
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 a 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.
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1 All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a 6 foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
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.
D. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
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Planning Commission Resolution No. 2012-03
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
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.
2. All bedrooms shall have a window that meets emergency egress requirements
including 24" clear height, 20" clear width, 44" maximum sill height, and 5.7 sf
minimum opening. All windows including the master bedroom must meet this
by size and not note alone.
3. The existing living room's tabulated natural light calculation shall show where
the natural light is attributed to (size of windows and doors that are used).
4. The permit application description of work shall include all alterations to the
dwelling including interior remodeling and the new roof structure. The permit
application valuation shall be consistent with this added scope of work.
5. 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.
6. Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within 180 days
from the date of such permit or work has discontinued and not been signed -off
on the job card by the building inspector.
7. Construction activities causing the operation of any tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall be conducted
Mon. — Sat. between the hours of 7:00 a.m. and 7:00 p.m.
8. The project shall be protected by a construction fence to the satisfaction of the
Building Official.
9. 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.
10. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
11. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
12. 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 Architect/Engineer with wet
stamp and signature.
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Planning Commission Resolution No. 2012-03
11 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.
14. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations (if applicable).
15. Prior to Building permit issuance, all school district fees must be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
16. Indicate all easements on the site plan.
17. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.).
18. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
19. Specify location of tempered glass as required by code.
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. 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.
23. The location of property lines and building pad may require a survey.
24. AQMD notification is required at least 10 days prior, to any demolition.
25. All workers on the job shall be covered by workmen's compensation insurance
under a licensed general contractor.
26. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
END
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Planning Commission Resolution No. 2012-03
