HomeMy WebLinkAboutPC 2022-11PLANNING COMMISSION
RESOLUTION NO, 202211
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2021-83 FOR A 726 SQUARE -FOOT ADDITION, 144 SQUARE -FOOT
PORCH, 60 SQUARE -FOOT BALCONY, 294 SQUARE -FOOT PATIO, AND AN
EXTERIOR AND INTERIOR REMODEL TO AN EXISTING 1,472 SQUARE -
FOOT TWO-STORY, SINGLE-FAMILY RESIDENCE ON A 7,240 SQUARE -
FOOT LOT LOCATED AT 20221 DAMIETTA DRIVE, DIAMOND BAR, CA
91765 (APN 8762-030-009).
A. RECITALS
1. The property owner, Shaun H. Chen, and applicant, Chen Kun Lee, have
filed an application for Development Review No. PL2021-83 to construct a
726 square -foot addition, 144 square -foot porch, 60 square -foot balcony,
294 square -foot patio, and an exterior and interior remodel to an existing
single-family residence located at 20221 Damietta Drive, Diamond Bar,
County of Los Angeles, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Project."
2. The subject property consists of one parcel totaling 7,240 square feet. It is
located in the Low Density Residential (RL) zone with an underlying General
Plan land use designation of Low -Medium Residential (RLM).
3. The legal description of the subject property is Lot 53 of Tract No. 28258.
The Assessor's Parcel Number is 8762-030-009.
4. On July 15, 2022, public hearing notices describing the Project were mailed
to property owners within a 1,000-foot radius of the Project site. On July 15,
2022, notification of the public hearing for this project was published in the
San Gabriel Valley Tribune newspaper. Public notices were also posted at
the project site and the City's designated community posting sites.
5. On July 27, 2022, the Planning Commission of the City of Diamond Bar
conducted a duly noticed special meeting for the Project, solicited testimony
from all interested individuals, and concluded said meeting on that date.
B. RESOLUTION
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) Section 22.48, this Planning Commission
hereby finds as follows:
Development Review Findinqs (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 of the Project is consistent with the applicable elements of the
City's General Plan, City Design Guidelines and development standards.
The City's General Plan Policy CC-G-4 requires the preservation of the
scale and character of existing residential neighborhoods and ensure
sensitive transitions between densities and uses. The Project will not be
intrusive to neighboring homes since the property owner has obtained
authorization from adjacent neighbors regarding any potential privacy
concerns that may be caused by the proposed second -story addition and
balcony. The addition and remodel will renovate the existing home to a
Spanish eclectic architectural style. The Project will not negatively impact
the look and character of the neighborhood because the architectural
design is compatible in building form, size, color, material, and roofline while
providing an enhancement to the overall neighborhood appearance.
A gradual transition between the Project and adjacent uses is achieved
through appropriate setbacks, building height, and window and door
placement. The applicant is incorporating windows in each room within the
addition, which complies with the City's Design Guidelines where large wall
expanses that have no windows should be avoided [City's Design
Guidelines D. Fenestration (Placement of Doors and Windows) (2)]. The
proposed addition and remodel will renovate the existing home to a Spanish
eclectic architectural style. The addition and fagade remodel complies with
the City's Design Guidelines where architectural design should focus on the
development of a high -quality residential environment that considers
compatibility with surrounding character, including harmonious building
style, form, size, color, material, and roofline. [City's Design Guidelines e.
B. Architecture (1)]. This is achieved through appropriate building scale,
'Z PL2021-83
_ proportions and simple building materials such as off-white stucco and
brown the roofing.
The Project complies with all development standards of the Low Residential
zoning district by complying with all development standards such as
required setbacks, building height, and lot coverage. 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 asingle-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 complies with the minimum number of required off-street parking
spaces.
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 City's General Plan Policy LU-P-56 requires that residential
development be compatible with the prevailing character of the surrounding
neighborhood in terms of building scale, density, massing, and design. The
City's General Plan Goal CC-G-4 also requires the preservation of the scale
and character of existing residential neighborhoods and ensure sensitive
transitions between densities and uses. The City's Design Guidelines
Architecture (1) requires compatibility with the surrounding character
including harmonious building style, form, size, color, material and roofline.
The Project will not be intrusive to neighboring homes since the property
owner has obtained authorization from adjacent neighbors regarding any
potential privacy concerns that may be caused by the proposed second -
story addition and balcony. The height of the proposed addition will not
block any views and will maintain privacy to adjacent properties. The
addition and remodel will renovate the existing residence in style, color and
building material to a Spanish eclectic architectural style. The Project will
not negatively impact the look and character of the neighborhood because
the architectural design is compatible in building form, size, color, material,
3 PL2021-83
and roofline while providing an enhancement to the overall neighborhood
appearance.
The Project is designed to be compatible with the character of the existing
homes in the neighborhood, in terms of size and scale. Although the
applicant is adding 726 square feet of livable area, the size of the home at
2,198 square feet, is still comparable in mass and scale to the existing
homes in the neighborhood. Homes on Damietta Drive range from
1,205 square feet to 2,222 square feet.
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 existing home is a 1960s tract home with wood siding, stucco and
brown shingles on a Dutch gable roof. The applicant is proposing fo
renovate the existing home to a Spanish eclectic architectural style that
incorporates new building materials such as off-white stucco finish, file
roofing, corbels, white fascia board and brown vinyl window trim. The
Project will not negatively impact the look and character of the
neighborhood because the architectural design is compatible in building
form, size, color, material, and roofline while providing an enhancement to
the overall neighborhood appearance.
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
resales) of property) to the properties or improvements in the vicinity; and
Before the issuance of any City permits, the 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 fhe 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 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.
G} PL2021-83
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.
2. On the plans submitted for building plan check, add a note on the elevations
that the window trim shall be painted dark brown.
3. Standard Conditions. The, applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Shaun H. Chen, 5306 Bartlett Ave., San
Gabriel, CA 91776; and applicant, Chen Kun Lee, 21303 Pinehill
Lane, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY 2022, BY THE PLANNING
COMMISSIONOF THE CITY OF DIAMOND BAR.
Raymond olfe, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a special meeting of the
Planning Commission held on the 27th day of July, 2022, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
-Greg Gubman, Secretary
Barlas, Garg, V/C Mok, Chair Wolfe
None
Rawlings
None
5 P�zozi-sa
DIAI►TOND:BAR
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL2021-83
CIIR;,IFCV'[; (:CrZctrGe{iOn of a 726 gni�ara_fCe{ addi{inns 14d cq!lare_fnnt
porch, 60 square -foot balcony, 294 square -foot patio, and an
exterior and interior remodel to an existing single-family
residence.
PROPERTY Shaun H. Chen
OWNER: 5306 Bartlett Ave.
San Gabriel, CA 91776
APPLICANT: Chen Kun Lee
21303 Pinehill Lane
Diamond Bar, CA 91765
LOCATION: 20221 Damietta Drive, 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. 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. PL2021-83 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:
6 PC Resolution No. 2022-XX
(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. PL2021-83,
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. 2022-11 and
Standard Conditions shall be included on the plans (full size). The
sheets) 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,
7 PC Resolution No. 2022-i i
building, etc.,) or approved use has commenced, whichever comes
first.
10. The hours during which construction activities causing the operation
of any tools or equipment used in construction, drilling, repair,
alteration, or demolition work are limited to Monday through
Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not
allowed at any time on Sundays or holidays.
11. The property owner/applicant shall remove the public hearing notice
board within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
13. 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.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and the Public Works
Department) 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. PL2021-83 expires within
two years from the date of approval if the use has
not been exercised as defined per Diamond Bar Municipal Code
(DBMC) Section 22.66.050 (b)(1). In accordance with DBMC
8 PC Resolution No. 2022-i t
___. Section 22.66.050(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 construction of a 726 square -foot addition,
144 square -foot porch, 60 square -foot balcony, 294 square -foot
patio, and an exterior and interior remodel to an existing single-family
residence located at 20221 Damietta Drive, Diamond Bar, 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.
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.
g PC Resoluiian No. 2022-11
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.
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.
II. APPLICANT SHALL CONTACT
THE
PUBLIC WORKS
DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE
WITH
THE FOLLOWING
CONDITIONS:
A. GENERAL
1. An Erosion Control
Plan shall be submitted
clearly detailing
erosion
control measures.
These measures shall
be implemented
during
1 � PC Resolution No. 2022-11
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.
B. DRAINAGE
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.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. Atthe time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e., 2019 California Building Code
series will apply) requirements and all other applicable construction codes,
ordinances and regulations in effect.
2. Provisions for CAL Green shall be implemented onto plans and certification
shall be 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. Construction shall conform to the current CAL Green
Code.
Plan Check —Items to be addressed prior to plan approval:
3. The minimum design load for wind in this area is 110 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.
4. 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).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
6. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
walls) locations. These plans shall be consistent with the site plan
submitted to the Building &Safety Division.
11 PC Resolution No. 2022-11
7. All balconies shall be designed for 1.5 times the live load for the area served
per. CBC Table 1607.1 and provide ventilation in the joist space per
CBC 2304.12.2.6.
8. All easements shall be shown on the site plan.
9. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
10. Design for future electric vehicle charging shall be provided consistent with
CAL Green 4.106.4.
Permit —Items required prior to building permit issuance:
11. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8. The contractor shall complete all required forms and pay applicable
deposits prior to permit.
12. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
13. AOMD notification is required at (east 10 days prior to any demolition. Proof
of notification is required at permit issuance.
14. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
Construction —Conditions required during construction:
15. Fire spririklers are required for new single-family dwellings (CRC R313.2).
Sprinklers shall be approved by LA County Fire Department prior to
installation and shall be inspected at framing stage and finalization of
construction. Due to the extent of work, this is considered a new dwelling.
16. Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
17. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one year after permit issuance, and if a
successful inspection has not been obtained from the building official within
one -hundred -eighty (180) days from the date of permit issuance or the last
successful inspection. A successful inspection shall mean a documented
passed inspection by the city building inspector as outlined in Section 110.6.
12 PC Resolution No. 2022-11
18. 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.
19. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
20. The project shall be protected by a construction fence to the satisfaction of
the Building Official, and shall comply with the NPDES & BMP requirements
(sand bags, etc.). All fencing shall be view obstructing with opaque
surfaces.
21. 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.
22. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
23. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
24. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
25. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from the building at a 2%minimum slope. The final as -built conditions shall
match the grading/drainage plan or otherwise approved as -built
gradingldrainage plan.
26. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42" minimum in height, 4" maximum spacing
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
27. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
END
13 PC ResolNion No. 2°22-1 i