HomeMy WebLinkAboutPC 2014-01A
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A. RECITALS
1. The property owners, Yan Li and Kai Zhang, and applicant, Steve Sun,
filed an application for Development Review No. PL2013-523 to construct
a 2,796 gross square -foot two-story addition to an existing single -story
home consisting of a 217 square -foot addition to the existing two -car
garage; 1,295 square -foot first story addition towards the rear of the home;
and a 1,284 square -foot second story addition to an existing 888 square -
foot single-family residence, located at 21287 Gerndal Street, 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 8,020 square feet
(0.18 gross acres). It is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low
Medium Density Residential.
3. The legal description of the subject property is Lot 16 of Tract 27264. The
Assessor's Parcel.Number is 8763-001-002.
4. On January 3, 2014, 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 3,
2014. 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 14, 2014, 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) (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) Section 22.48, this Planning Commission
hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines,
and development standards of the applicable district, design guidelines,
and architectural criteria for special areas (e.g., theme areas, specific
plans, community plans, boulevards or planned developments). -
The design and layout of the proposed 2,796 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 and requirements of the City's development
code. The proposed addition is designed to blend into the existing house
by using the same architectural elements and building materials as the
existing residence.
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:
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Planning Commission Resolution No 2014-01
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 second story addition is set back four
feet from the front of the garage and is concentrated towards the west side
of the house, which will reduce the overall mass and scale of the building
as seen from the street. In addition, a condition of approval is included
requiring the applicant to plant trees as a visual buffer and provide
screening, along the west property line to provide privacy between the two
properties.
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 grades 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 1960s tract design. The applicant is
proposing to add to an existing single -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
hipped roof and 5:12 pitch. The project is designed to be compatible and
complementary to the neighborhood. The second story addition is set
back four feet from the front of the garage and is concentrated towards
one side of the house, which will reduce the overall mass and scale of the
building as seen from the street.
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 1960s tract home.
Consistent building elements have been achieved through the utilization of
similar architectural features and building materials. The second story
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Planning Commission Resolution No 2014-01
addition is set back four feet from the front of the garage and is located
towards one side of the existing house, which will reduce the overall mass
and scale of the building 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: j
guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions:
1. Prior to issuance of building permits, the applicant shall record, and
provide the City with a conformed recorded copy of, a Covenant and
Agreement or similar document in a form approved by the City Attorney,
which restricts the rental of rooms or other portions of the property under
two or more separate agreements and prohibits use of the property as a
boarding or rooming house, except to the extent otherwise permitted by
the Diamond Bar Municipal Code or applicable state or federal law.
2. The construction documents shall show removal of concrete along the
west property line to create the planter area for trees—such as
Podocarpus—to provide a visual buffer and screening between the two
properties.
3. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
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Planning Commission Resolution No 2014-01
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 owners, Yan Li and Kai Zhang, 21287 Gerndal St.,
Diamond Bar, CA 91789; and applicant, Steve Sun, 4028 Rosemead
Blvd. #35, Pico Rivera, CA 90660.
APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
go
Frank Fafaqb,-V,�b(Chai
(15
1, Greg G ubman�F ianning,,,,Com mission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 14th day of January, 2014, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners
Dhingra, Lin, Shah, VC/Farago
None
None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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Development Review No PL2013-523
............ .
DIg11i0ND III
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS5 COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2013-523
SUBJECT: To construct a 2,796 gross square -foot addition to an existing
single family residence.
PROPERTY Yan Li and Kai Zhang
OWNERS: 2-1287 Gerndal St.
Diamond Bar, CA 91789
APPLICANT: Steve Sun
4028 Rosemead Blvd. #35
Pico Rivera, CA 90660
LOCATION: 21287 Gerndal St., Diamond Bar, CA 91789
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
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 2013-523 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents
and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
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Development Review No PL2013-523
(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 No. PL2013-523, 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. 2014-01, 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, 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 2014-01
M
C.
A
11. The applicant shall
Building and Safety
Department.
FEES/DEPOSITS
comply with the requirements of City Planning,
Divisions, Public Works Department, and the Fire
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.
TIME LIMITS
The approval of Development Review No. PL 2013-523 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.
SITE DEVELOPMENT
This approval is for the site plan, elevations, and exterior materials for a
2,796 gross square -foot two-story addition to be constructed at
21287 Gerndal Street, 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.
Planning Commission Resolution No 2014-01
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 2014-01
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.
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1 Prior to Building Permit issuance, an Erosion Control Plan shall be
submitted concurrently with the drainage plan clearly detailing erosion
control measures for review and approval. 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.
Additionally, all construction equipment shall be properly muffled to reduce
noise levels.
1. Detailed drainage system information of the lot 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.
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Planning Commission Resolution No 2014-01
W
11VOR
1 Plans shall conform to current State and Local Building Code (i.e.,
currently the 2013 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. Provisions for Cal Green shall be implemented onto plans and certification
provided by a third party as required by the Building Division. Specific
water, waste, low VOC, and related conservation measures shall be
shown on plans.
3. Low flow plumbing fixtures shall be installed per California Civil
Code 1101.1 to 1101.8.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
10. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8.
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Planning Commission Resolution No 2014-01
11. 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.
12. 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).
13. Indoor air quality shall be provided consistent with American Society of
Heating, Refrigeration, Air -Conditioning Engineers (ASHRAE) 62.2 as
required per California Energy Code 150(0).
14. Only one single family dwelling per CBC 202 is allowed on this property
unless specifically approved otherwise.
15. All site areas that have a drop of over 30" shall be provided with a
guardrail per CBC 1013 and a handrail is required at all steps/stairs with
four or more risers and shall meet CBC 1012.
16. 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.
17. 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. 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
grading/drainage plan or otherwise approved as -built grading/drainage
plan.
21. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for final inspection.
22. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
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Planning Commission Resolution No 2014-01
23. A soils report is required and all recommendations of the soils report shall
be adhered to.
24. Slope setbacks consistent with California Building Code Figure 1805.3.1
and California Residential Code R403.1.7. Foundations shall provide a
minimum distance to daylight.
25. 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.
26. The location of property lines and building pad may require a survey.
27. SCAQMD notification is required at least 10 days prior to any demolition.
28. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
29. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
30. Light and ventilation shall comply with CBC 1203 and 1205.
31. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
32. Bedroom windows shall meet emergency egress requirements including
24" clear height and 44" maximum sill height.
33. All bathrooms shall have exhaust fans.
34. If the existing electrical service is used, it shall be justified that the size is
adequate to support the additional electrical load.
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Planning Commission Resolution No 2014-01