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HomeMy WebLinkAboutPC 2013-15A. RECITALS 1 The property owner and applicant, Razgo Lee, filed an application for Development Review No. PL2013-123 to construct a 1,023 square -foot second story addition to an existing 6,623 square -foot single-family residence, located at 24069 Gold Rush 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 29,138 square feet (0.67 gross acres). It is 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 4 of Tract 31977. The Assessor's Parcel Number is 8701-018-031. 4. On June 14, 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 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on June 14, 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 June 14, 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. 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; 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. 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) 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 1,023 square -foot second 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. 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. 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. 2 Planning Commission No. 2013-15 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 architectural style of the home is Mediterranean with Tuscan and Italian Renaissance Revival influences. The applicant is proposing to add to the existing second story of an existing home while maintaining consistency with the current design. The project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details of the neighboring 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 Mediterranean with Tuscan and Italian Renaissance Revival influences. Consistent building elements have been achieved through the utilization of similar architectural features and 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 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). 3 Planning Commission No. 2013-15 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. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: 1 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, Razgo Lee, 24069 Gold Rush Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 25TH DAY OF JUNE 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: L Steve Nelson, 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 25th day of June, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners Commissioners: Commissioners Commissioners: Greg Gubman, Secretary Farago, Lin, VC/Torng, Chair/Nelson Shah None 4 DR No. PL2013-123 USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2013-123 SUBJECT: To construct an 1,023 square -foot addition to an existing single family residence on a 0.67 gross acre (29,138 square- footLlot _ PROPERTY Razqo Lee OWNER/ 24069 Gold Rush Dr. APPLICANT: Diamond Bar, CA 91765 LOCATION: 24069 Gold Rush 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 No. PL 2013-123 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. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of .1 Planning Commission No. 2013-15 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 No. PL2013-123, 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 -XX, 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. 6 Planning Commission No, 2013-15 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 2013-123 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 1,023 square -foot second story addition to be constructed at 24069 Gold Rush 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. 7 Planning Commission No. 2013-15 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required frorn 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-cornpliant 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 Developrnent 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. 8 Planning Commission No. 2013-15 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: 1. An Erosion Control Plan shall be submitted concurrently with the grading 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. Please refer to City handouts. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 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. 2. Modifications and additions to the existing sprinkler system shall have Fire Department approval. 3. 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 9 Planning Commission No. 2013-15 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 4. 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. 5. 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. 6. 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. The adjacent neighboring property shall be protected from any debris or dust from construction on this property. 7. 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. Pool fencing shall be maintained at all times. 8. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 9. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 10. The minirnum 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. 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 119 and 150(k). 12. 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. 13. Drainage patterns shall match the approved grading/drainage plan from the Engineering Department. Surface water shall drain away from building at a 2% minimum slope. The final as -built conditions shall match the 10 Planning Commission No. 2013.15 grading/drainage plan or otherwise approved as -built grading/drainage plan. 14. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for final inspection. 15. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 16. A soils report shall be submitted during plan check, and all recommendations of the soils report shall be adhered to. The soils report shall address any upgrades necessary to the existing foundation system on the first floor garage. 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.orq. 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. 23. Shower doors shall all swing out and be tempered glass. 24. An occupancy separation shall be provided between the existing garage and new exercise room. ME 11 Planning Commission No. 2013-15