HomeMy WebLinkAboutPC 2013-01The property owner, Robert Shei, and applicant, Robert Hsiao Shih,
have filed an application for Development Review No. PL2011-287 to
construct a 1,029 square -foot addition to an existing 2,041 square -foot
single-family residence, located at 24412 Gable Court, 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 7,728 square
feet (0.18 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 63 of Tract 35581.
The Assessor's Parcel Number is 8704-052-046.
4. On January 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 500 -foot radius of the Project site and public
notices were posted at the City's designated community posting sites
on January 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 January 22, 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) (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)
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 1,029 square -foot addition to the
existing single family residence is consistent with the City's General
Plan, City Design Guidelines and development standards by meeting a//
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.
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Planning Commission Resolution No. 2013-01
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 te proposed development is compatible
with the character of the surrhounding 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 1980s tract design. The
applicant is proposing to add floor area to the 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 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 1980s tract style.
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 a// conditions within the approved resolution,
3 Planning Commission Resolution No. 2013-01
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. 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, Robert Shei, 24412 Gable Court,
Diamond Bar, CA 91765; and the applicant, Robert Shih,
1439 Eastleigh Ave., Hacienda Heights, CA 91745.
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Planning Commission Resolution No. 2013.01
APPROVED AND ADOPTED THIS 22n' DAY OF JANUARY 2013, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: Jimmy Lin, airman
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 22nd day of January, 2013, by the following
vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
Farago, Shah, Torng, Chair/Lin
None
Nelson
None
5
Development Review No. PL2011-287
COMMUNITY DEVELOPMENT DEPARTMENT
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USE CSD ERMITS9 COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2011-287
SUBJECT: To construct an 1,029 square -foot addition to ag__22��
single family residence on a 0.18 grossacre (7,728 square-
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PROPERTY Robert Shei
OWNER(S): 24412 Gable Court
Diamond Bar, CA 91765
APPLICANT: Robert Hsiao Shih
1439 Eastleigh Ave.
Hacienda Heights, CA 91745
101MMIll SIMMS
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:
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 2011-287 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. 2013-01
(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. PL2011-287, 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. 2013-01, 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. 2013-01
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.
IMP
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 2011-287 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 DBIVIC 22.60.050(c) for Planning Commission approval.
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.
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Planning Commission Resolution No. 2013-01
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.
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.
SHALLAPPLICANT
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with a drainage
plan clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform
to National Pollutant Discharge Elimination System (NPDES) standards
and incorporate the appropriate Best Management Practices (BMP's) as
specified in the Storm Water BMP Certification.
2. Grading and construction activities and the transportation of equipment
and materials and operation of heavy grading equipment shall be limited
to between the hours of 7:00 a.m. and 5:00 p.m., Monday through
Saturday. Dust generated by grading and construction activities shall be
reduced by watering the soil prior to and during the activities and in
accordance with South Coast Air Quality Management District Rule 402
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Planning Commission Resolution No. 2013-01
and Rule 403. Reclaimed water shall be used whenever possible. In
addition, all construction equipment shall be properly muffled to reduce
noise levels.
1. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a six foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
1. Detailed drainage system information of the lot with careful attention to
any flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels, unless
that is the natural drainage course.
1. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
1. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City. Sewer plans shall be submitted for
review and approval by the City Building and Safety Division.
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
Monday — Saturday between the hours of 7:00 a.m. and 5:00 p.m.
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Planning Commission Resolution No. 2013-01
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. 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.
7. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
8. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
9. 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.
lo. 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).
11. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per
California Energy Code 150(o).
12. Only one single family dwelling per CBC 202 is allowed and shall be maintained
as such.
13. 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.
14. indicate all easements on the site plan.
15. Drainage plans shall be submitted and approved that clearly all finish elevations,
slopes, and drainage. Surface water shall drain away from building at a 2%
minimum slope. No grading or retaining walls are allowed except unless
specifically approved on the plans.
16. Specify location of tempered glass as required by code.
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Planning Commission Resolution No, 2013-01
17. Special inspections and structural observation will be required in conformance to
CBC 1704 to 1709.
18. A soils report is required and all recommendations of the soils report shall be
adhered to.
19. Slope setbacks consistent with California Building Code Figure 1805.3.1.
Foundations shall provide a minimum distance to daylight.
20. 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.
21. AQMD notification is required at least 10 days prior to any demolition.
22. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor.
23. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
24. Engineered design will be required including analysis for the addition structure
affect on the existing dwelling.
AM
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