HomeMy WebLinkAboutPC 2012-22PLANNING COMMISSION
RESOLUTION NO. 2012-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. PL2012-380 TO CONSTRUCT A 476 SQUARE -
FOOT ADDITION, 88 SQUARE_FOOT FRONT PORCH, AND
RECONFIG U RATION OF A THREE -CAR GARAGE AT THE FRONT OF
AN EXISTING 2,089 SQUARE -FOOT SINGLE FAMILY RESIDENCE ON
A 0.41 GROSS ACRE (17,920 SQUARE -FOOT) LOT LOCATED AT
22831 RIO LOBOS ROAD, DIAMOND BAR, CA 91765 (APN 8717-026-
045).
1. The property owner and applicant, Ms. Araceli Martinez, has filed an
application for Development Review No. PL2012-380 to construct a
476 square -foot first floor area addition, 88 square -foot front porch, and
reconfiguration of a three -car garage at the front of an existing 2,089
square -foot single-family residence, located at 22831 Rio Lobos Road,
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 17,920 square feet
(0.41 gross acres). It is located in the Low Medium Residential (RLM)
zone with an underlying General Plan land use designation of Low Density
Residential.
3. The legal description of the subject property is Lot 22 of Tract 37873. The
Assessor's Parcel Number is 8717-026-045.
4. On November 2, 2012, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland ValleV
Daily Bulletin newspapers. Public hearing notices were mailed to property
owners within a 1,000 -foot radius of the Project site and public notices
were posted at the City's designated community posting sites on
November 2, 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 November 13, 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:
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)(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, 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 476 square -foot addition,
88 square -foot front porch, and reconfiguration of a three -car garage at
the front of an existing 2,089 square -foot single-family residence is
consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all required setbacks and building
height. The proposed design will maintain architectural interest by
incorporating horizontal window openings in place of a garage door
opening. The new addition and front entry will be integrated by creating a
hip style roof to match the roof pitch above a portion of the existing second
floor.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
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Planning Commission Resolution No. 2012-22
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 width
and 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 project includes similar design features, colors, and materials
prevalent in the surrounding neighborhood. The addition is visually
integrated with the existing structure. The placement and relationship of
windows, doors, and building openings contributes to the overall building
composition. 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 addition and reconfigured garage is a contemporary
style of architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features in conjunction with
matching building materials.
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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Planning Commission Resolution No. 2012-22
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 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 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:
1 Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing regarding this
proposed project.
2. The proposed retaining walls shall not exceed a maximum height of
42 inches within the front setback area.
3. 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 and applicant, Araceli Martinez,
22831 Rio Lobos Road, Diamond Bar, CA 91765.
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Planning Commission Resolution No, 2012-22
APPROVED AND ADOPTED THIS 13" DAY OF NOVEMBER 2012, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Jimmy Lin, 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 13th day of November, 2012, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST: --:,—
Greg Gubman, Secretary
Farago, Torng, VC/Nelson, Chair/Lin
None
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5 Development Review No. PL2012-380
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..... .... ..
COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITS5 COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2012-380
SUBJECT: To construct 476 square -foot addition, 88 square -foot front
porch, and reconfiguration of a three -car garage to an existing
single-family residence on a 0.41 gross acre (17,920 square -foot)
lot..
PROPERTY Aracelli Martinez
OWNER(S): 22831 Rio Lobos Road
Diamond Bar, CA 91765
APPLICANT: George and Araceli Martinez
22831 Rio Lobos Road
Diamond Bar, CA 91785
, a 0 • — M F 11 #1 1 : 90.9
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 No. PL 2012-380 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:
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Planning Commission Resolution No. 2012-22
(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. PL 2012-380, 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. 2012-22, 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.
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Planning Commission Resolution No. 2012-22
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.
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. PL 2012-380 expires within two
years from the date of approval if the use has not been exercised as defined
per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to
DBMC 22.60.050(c) for Planning Commission approval.
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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 referenced as site
plans, floor plans, architectural elevations, and landscape plans 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.
8 Planning Commission Resolution No. 2012-22
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 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 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
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. In addition, all
construction equipment shall be properly muffled to reduce noise levels.
1. 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.
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Planning Commission Resolution No. 2012-22
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.
E. UTILITIES
1. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
F. SEWERS/SEPTIC TANK
1. All onsite sewer improvements shall be permitted by the Building and Safety
Division.
G. TRAFFIC MITIGATIONS (Not required)
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. Due to structural modifications to the first floor, occupancy of the facilities
shall not commence until such time as all structural support and electrical
work protected to the satisfaction of the Building Official.
3. Within seven (7) calendar days of any City requests for supplemental
information and/or corrections or revisions to submitted building plans, the
applicant shall re -submit building plans with all indicated corrections or
revisions, and/or any and all requested supplemental information or
documents to the City's Building and Safety Division.
4. Applicant shall obtain all required building permits within eleven (11) calendar
days after receiving Planning Commission approval for the proposed
construction/building modification; or within seven (7) calendar days of
receiving Building and Safety Division plan check approval for proposed
construction/building modifications (whichever occurs last).
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Planning Commission Resolution No. 2012-22
5. Applicant shall complete construction and finalize all permits in connection
therewith (with all required city inspections) within sixty (60) calendar days
after building permit issuance.
6. Any deviations will result in expiration of plan check and/or permit application
with no right to appeal as set forth in CBC 112 as adopted by
DBMC 15.00.110.
7. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Monday — Saturday 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. All fencing shall be view obstructing with opaque
surfaces.
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.
Any improper maintenance shall result in administrative fines as set forth in
DBMC 1.04.010.
10. Existing fencing shall remain in-place during construction including pool
barrier fencing. Any alteration of the fencing may result in an immediate
discontinuation of construction until the fences are returned to its original
state as well as administrative fines as set forth in DBMC 1.04.010.
11. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum opaque 6' high view obstructed fence as
deemed necessary by the Building Official.
12. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
13. 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.
14. 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).
15. A separate permit shall be obtained for retaining walls with temporary shoring
unless the excavation will remain open for less than seven calendar days.
The retaining wall shall be outside the city right-of-way and be field verified
by the contractor approved by the building inspector. Any discrepancy shall
be subject to requiring a registered land surveyor.
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Planning Commission Resolution No. 2012-22
16. A drainage plan for the addition areas is required where all drainage shall be
conveyed away from the building structure, property lines, and to the street
or other approved location as allowed by the Building Official or City
Engineer.
17. Stair guardrails shall be designed for 20 load applied laterally at the top of
the rail.
18. Indicate all easements on the site plan.
19. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
20. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
21. Specify location of tempered glass as required by code.
22. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
23. A soils compaction letter/report is required for footing excavations and shall
be provided to the building inspector at foundation inspection.
24. 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.
25. AQMD notification is required at least 10 days prior to any demolition.
26. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
27. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
28. Carbon monoxide detectors are required in halls leading to sleeping rooms
per CRC R315.
29. The stair landing shall be at least 36"x36" in dimension at the intermediate
landing.
30. The existing office area conversion shall be detailed to show if the existing
walls are to existing or remain.
31. The hallway wall "clean room" assembly materials shall have certification that
they maintain a one-hour occupancy separation.
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Planning Commission Resolution No. 2012-22
32. The door and walls between the garage and habitable areas shall be
20 -minute rated and one-hour or otherwise approved by the Building Official.
33. All elements that penetrate the garage/dwelling wall shall be appropriately
rated for the occupancy separation and sleeved per CRC R302.5.
34. A temporary shoring and construction screening plan shall be provided for
Building Official approval. The shoring and screening shall not be removed
until the Building Official approves removal.
35. The roof slope over the garage addition shall be conveyed away from the
existing building structure via a cricket or equivalent method with appropriate
flashing to be approved by the Building Official.
36. Conditions of approval shall be placed on the construction plan set.
37. Existing building components that have been constructed without permits
shall be exposed for inspection to the satisfaction of the building inspector. If
the representative exposure does not comply, the building inspector may
require removal and rebuilding of the area that was not inspected.
38. The added uses are for garage and office use only. No other uses are
permitted under this application.
39. The front yard retaining wall shall be maximum 42" tall including any pilasters
or fixtures located on top of the wall.
ME
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Planning Commission Resolution No, 2012-22