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1 The property owner, Mr. Tarif Halabi, and applicant, Master Remodelers,
c/o: Mr. Steven Kyne, have filed an application for Development Review
No. PL 2012-236 to construct a 371 square -foot addition to the front of an
existing 1,710 square -foot, single-family residence, located at 466 Red
Cloud Drive, City of Diamond Bar, County of Los Angeles, California.
Hereinafter in this resolution, the subject Development Review shall
collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 0.17 acres. It is
located in the Low Medium Density Residential (RLM) zone with an
underlying General Plan land use designation of Low Medium Density
Residential.
3. The legal description of the subject property is Lot 73 of Tract 28134. The
Assessor's Parcel Number is 8718-012-022.
4. On August 3, 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 August 3,
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 August 14, 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.
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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.
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.
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)
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 371 square -foot addition to the
front of the house is consistent with the City's General Plan, City Design
Guidelines and development standards by meeting all of the setbacks
except the pre-existing non -conforming setbacks. The front and side
setback and distance to the structures on the adjacent lot to the south will
maintain the existing nonconforming setbacks, and will not further
encroach into the nonconforming setback. The project maintains the
existing height of the building.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
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Development Review No. PL2012-236
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;
The existing architectural style of the home is 1970s tract design. The
applicant is proposing to add floor area to the existing home while
maintaining consistency with the current design. The applicant is
proposing to retain the existing building style, but add a bay window to the
front addition 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 1970s tract style.
Consistent building elements have been achieved through the utilization of
similar 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
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Development Review No. PL2012-236
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.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
A. Planning Division
Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing regarding this
proposed project.
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 owner, Mr. Tarif Halabi, 466 Red Cloud Drive,
and applicant, Master Remodelers, c/o: Mr. Steven Kyne, 610 N.
Monte Vista, San Dimas, CA 91773.
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Development Review No. PL2012-236
APPROVED AND ADOPTED THIS 14" DAY OF AUGUST 2012, BY THE PLANNING
COMMISSION OF THE,CITY OF DIAMOND BAR.
By:
St elkleft,.n, Vice ti))hirman
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 14th day of August, 2012, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners
ATTEST:
Greg Gubma'n, Secretary
Farago, Torng, VC/Nelson
None
Shah, Chair/Lin
W=
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Development Review No. PL2012.236
COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITS9 COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2012-236
SUBJECT: To construct a 371 square -foot addition to the front of an existing
1,710 square -foot, single-family residence.
PROPERTY Mr. Tarif Halabi
OWNER(S): 466 Red Cloud Drive
Diamond Bar, CA 91765
APPLICANT(S): Master Remodelers
C/o: Mr. Steven Kyne
610 N. Monte Vista
San Dimas, CA 91773
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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:
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 2012-236 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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Development Review No. PL2012-236
(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. PL 2012-236, 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. 2012-17, 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.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
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Development Review No. PL2012-236
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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 No. PL 2012-236 expires within two (2)
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 plan, floor plan, 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.
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
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Development Review No. PL2012-236
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
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. For construction activity which disturbs one
acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be
needed.
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
The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-way.
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
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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Development Review No. PL2012-236
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. 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.
3. 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,
4. The project shall be protected by a construction fence to the satisfaction of the
Building Official.
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 6' 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 Architect/Engineer 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 119 and 150(k).
10. 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.
11. The Public Way and adjacent areas to the addition shall be free of trash and
debris.
12. Progress inspections or minor work shall not extend the building permit
expiration. Significant progress must be made for any extension of the project
beyond the 180 --day expiration period.
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Development Review No. PL2012-236
13. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.).
14. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
15. Specify location of tempered glass as required by code.
16. As applicable, special inspections will be required in conformance to CBC 1704
to 1708.
17. 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.
18. The location of property lines and building pad may require a survey.
19. AQMD notification is required at least 10 days prior to any demolition.
20. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor.
21. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
22. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
Development Review No. PL2012-236