HomeMy WebLinkAboutPC 2013-26A. RECITALS
1. The property owner and applicant, Umesh Shah, filed an application for
Development Review No. PL2013-147 to construct a 2,828 gross square -
foot two-story addition to an existing two-story home consisting of an 85
square -foot addition to the front of the house, which includes a front porch;
1,970 square -foot first and second story addition towards the rear of the
home; and a patio cover and uncovered balcony totaling 773 square feet
to an existing 2,690 square -foot single-family residence, and a Minor
Conditional Use Permit to continue an existing nonconforming distance of
13'-6" to the structure on the adjacent lot to the west (15 feet is required),
located at 21955 Birds Eye Drive, 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."
2. The subject property is made up of one parcel totaling 20,607 square feet
(0.47 gross acres). It is located in the Low Medium Density 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 96 of Tract 31153. The
Assessor's Parcel Number is 8293-042-019.
4. On October 11, 2013, 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 1,000 -foot radius of the Project site and public notices
a
C.
were posted at the City's designated community posting sites on
October 11, 2013. 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 October 22, 2013, the Planning Commission continued this matter to
November 12, 2013, due to a defective public hearing notice.
6. On November 1, 2013, a revised public hearing notice was published in
the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. Notices were mailed to property owners within a 1,000 -foot
radius of the Project site and posted at the City's designated community
posting sites. In addition to the published and mailed notices, the project
site was posted with a display board.
7. On November 12, 2013, 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.
RESOLUTION
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) (additions to existing structures) 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) Sections 22.48 and 22.56, 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,
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Planning Commission Resolution No. 2013-26
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 2,828 gross square -foot two-story
addition to the existing single family residence is consistent with the City's
General Plan, City Design Guidelines and development standards by
meeting all required setbacks except the distance to the houses on the
adjacent lots due to an existing nonconforming building separation.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments,
and will not create traffic or pedestrian hazards:
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the
project site is designed for a single-family home and the surrounding uses
are also single-family homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway
widths and 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 style of the home is 1980s tract design with Tudor influences.
The applicant is proposing to add to an existing two-story home while
maintaining consistency with the current design. The proposed design will
maintain architectural integrity by incorporating similar fenestration
patterns, and matching exterior colors and building materials. The roof of
the proposed addition will be integrated with the existing roof by matching
the existing gabled roof and 5:12 pitch. The project is designed to be
compatible and complementary to the neighborhood.
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Planning Commission Resolution No., 2013-26
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 1980s tract home with
Tudor influences. Consistent building elements have been achieved
through the utilization of similar architectural features and building
materials. The second story addition is proposed to be located towards
the rear of the existing house which will reduce the overall mass and scale
of the building as seen from the street. Because the second story addition
is setback approximately 43 feet from the front property line, the proposed
second story addition will not add bulk to the front of the house as seen
from the street.
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 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) (additions to existing structures) 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:
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Planning Commission Resolution No. 2013-26
The existing single-family dwelling is a permitted use in the RLM zone. A
Minor Conditional Use Permit (MCUP) is requested to continue an existing
nonconforming distance of 13'-6" to the structure on the adjacent lot to the
west.
The substandard distance to the structure on the adjacent lot to the west
renders the project nonconforming. The addition of a nonconforming
structure requires approval of a Minor Conditional Use Permit because the
addition is greater than 50 percent of the existing square -footage of all
structures on site and is not limited to the ground floor. The proposed
addition of a 2,828 square -foot two-story addition to an existing two-story
home complies with the development standards of the RLM zone and will
not further encroach into the nonconforming distance between structures.
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 2,828 square -foot
two-story addition is consistent with the existing nonconforming distance
and by maintaining the existing distance, the proposed project is
consistent with the surrounding neighborhood. The design of the existing
single-family dwelling and the proposed addition are compatible with the
character of the existing home in the neighborhood.
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
RLM zone and will not further encroach into the existing nonconforming
distance between structures. The proposed addition is located towards the
rear of the dwelling, set back 43 feet from the front property line. In
addition, all proposed windows on the east elevation are appropriate and
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Planning Commission Resolution No. 2013-26
will not negatively impact the neighbor since there are no windows located
on the second floor—facing the proposed addition—of the neighboring
residence.
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:
1. The site shall be landscaped prior to final inspection.
2. 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/applicant, Dr. Umesh Shah, 21955 Birds
Eye Drive, Diamond Bar, CA 91765.
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Planning Commission Resolution No. 2013-26
APPROVED AND ADOPTED THIS 12TH DAY OF NOVEMBER 2013, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Tony Torng;-C_hairmari`_
>-I-
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 12th day of November, 2013, by the following vote:
AYES: Commissioners: Dhingra, Lin, Shah, VC/Farago, Chair/Torng
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: -
,
Greg Gubma'n--,-'Secretary
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DR/MCUP No. PL2013-147
I M
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2013-147
SUBJECT: To construct an 2,828 gross square -foot addition to an existinq
single family residence and continue a nonconforming
distance of 13'-6" to the structure on the adiacent lot to the
west
PROPERTY Umesh Shah
OWNER/ 21955 Birds Eye Dr.
APPLICANT: Diamond Bar, CA 91765
LOCATION: 21955 Birds Eye Dr., Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. 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 2013-147 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 No, PL2013-147
(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 has filed, within twenty-one (21) days of
approval of this Development Review and Minor Conditional Use Permit
No. PL2013-147, at the City of Diamond Bar Community Development
Department, an affidavit stating that the applicant/owner is 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, 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. 2013-26, 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, grading and architectural plans
incorporating all Conditions of Approval — if applicable -- 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.
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Planning Commission Resolution No. 2013-26
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 riot 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 2013-147 expires within two years from the date of approval if the
use has not been exercised as defined pursuant to Diamond Bar
Municipal Code Section (DBMC) 22.66.050 (b)(1). In accordance with
DBMC Section 22.60.050 (c), the applicant may request, in writing, a one-.
year time extension for Planning Commission consideration. Such a
request must be submitted to the Planning Division prior to the expiration
date and be accompanied by the review fee in accordance with the Fee
Schedule in effect at the time of submittal.
D. SITE DEVELOPMENT
1. This approval is for the site plan, elevations, and exterior materials for a
2,828 gross square -foot two-story addition to be constructed at 21955
Birds Eye Drive, as described in the staff report and depicted on the
approved plans on file with the Planning Division, subject to the conditions
listed below.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below. If the
plan check submittal is not in substantial compliance with the approved
Development Review submittal, the plans may require further staff review
and re -notification of the surrounding property owners, which may delay
the project and entail additional fees.
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Planning Commission Resolution No. 2013-26
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when
work for any phase of the project has been completed. The applicant shall
inform the Planning Division and schedule an appointment for such an
inspection.
4. The above conditions shall run with the land and shall be binding upon all
future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed
as a condition of the approval shall constitute a violation of the City's
Development Code. Violations may be enforced in accordance with the
provisions of the Development Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to obtain
a building final and/or a certificate of occupancy until full compliance is
reached. The City's requirement for full compliance may require minor
corrections and/or complete demolition of a non-compliant improvement,
regardless of costs incurred where the project does not comply with
design requirements and approvals that the applicant agreed to when
permits were pulled to construct the project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
7. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
10. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
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Planning Commission Resolution No. 2013-26
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:
1. An Erosion Control Plan shall be submitted clearly detailing erosion
control measures. These measures shall be implemented during
construction. The erosion control plan shall conform to national Pollutant
Discharge Elimination Syster'n (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's) as specified in the Storm
Water BMP Certification. Please refer to City handouts.
2. The applicant shall comply with Standard Urban Storm Water Mitigation
Plan (SUSMP) requirements to the satisfaction of the City Engineer.
Please refer to City handouts.
1. Detailed drainage system information of the lot with careful attention to
any flood hazard area shall be submitted. All drainage/runoff frorn 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Drainage in the area of addition shall be conveyed and adjusted to drain
away from building structures and property lines.
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Planning Commission Resolution No. 2013-26
2. The existing pool enclosure shall remain at all times and shall not be
removed at any time including during construction.
3. Where existing bearing walls are removed below existing framing,
adequate temporary shoring shall be provided to the approval of Building
and Safety.
4. A soils report is required for the addition work proposed.
5. Alterations to the existing building outside of the addition area shall be
included on the building permit application scope of work and
appropriately permitted and inspected.
6. A separate sewer line shall be provided or an existing 4" line is required,
7. 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.
8. 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.
9. 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.
10. Plans shall conform to current State and Local Building Code
(i.e., Currently the 2010 California Building, Code, California Plumbing
Code, California Mechanical Code, and the California Electrical Code but
the 2013 version will apply if plan check applied after January 1, 2014)
requirements and all other applicable construction codes, ordinances and
regulations in effect at the time of plan check submittal.
11. Existing fencing shall remain in-place during construction including pool
barrier fencing. Any alteration of the fencing may result in a
discontinuation of construction until the fences are returned to its original
state.
12. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
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Planning Commission Resolution No, 2013-26
13. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code
Section 8.16 of Title 8.
14. 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.
15. 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).
16. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
17. 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.
18. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.)
19. Check drainage patterns with Engineering Department. Surface water
shall drain away from building at a 2% minimum slope.
20. Specify location of tempered glass as required by code.
21. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
22. A soils report is required and all recommendations of the soils report shall
be adhered to.
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. AQMD notification is required at least 10 days prior to any demolitiorl.
25. All workers on the job shall be covered by workman'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.
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Planning Commission Resolution No. 2013-26
27. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
MA
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Planning Commission Resolution No. 2013-26