HomeMy WebLinkAboutPC 2023-04PLANNING COMMISSION
RESOLUTION NO. 2023=04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2022A15 TO ADD AN
890 SQUARE -FOOT, TWO-STORY ADDITION AND AN 84 SQUARE -FOOT PORCH TO AN
EXISTING 1,306 SQUARE -FOOT, ONE-STORY SINGLE-FAMILY RESIDENCE LOCATED
AT 20849 EAST CLIFFSIDE LANE, DIAMOND BAR, CA 91765 (APN 8765-019-023).
A. RECITALS
1. The property owner and applicant, Xinqin Lai, has filed an application for
Development Review No. PL2022-115 to add an 890 square -foot, two-story
addition and an 84 square -foot porch to an existing 1,306 square -foot, one-story
single-family residence located at 20849 East Cliffside Lane, Diamond Bar,
County of Los Angeles, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Proposed Project."
2. The subject property is made up of one parcel totaling 8,382 gross square feet
(0.19 gross acres). It is located in the Low Density (RL) zone with an underlying
General Plan land use designation of Low Density Residential,
3. The legal description of the subject property is Lot 61 of Tract No. 43760. The
Assessor's Parcel Number is 8765-019-023.
4. On February 3, 2023, public hearing notices were mailed to property owners
within a 1,000-foot radius of the project site, and the notice was published in the
San Gabriel Valley Tribune newspaper on February 3, 2023. A notice display
board was posted at the site, and a copy of the notice was posted at the City's
designated community posting sites.
5. On February 14, 2023, 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.
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 under 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 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 LU-P-56 requires that development on privately -owned,
residentially designated land in hillside areas shall be compatible with the
surrounding natural areas promoting design principles such as minimizing
grading, preserving existing vistas, incorporate site and architectural design that
is sensitive to the hillsides, and require fuel modification.
The property is a hillside property overlooking a descending slope to the rear
(north side) of the property. Although located in a hillside area, the property is
relatively flat, as it was previously graded to accommodate the existing house.
The building pad/buildable area extends along the entire length of the property,
which includes the drivewaylfront yard, existing house and rear yard. No grading
is required for the proposed addition beyond minimal excavation for footings and
foundation placement. The proposed two-story addition extends the footprint of
the residence towards the rear of the property. A gradual transition between the
addition and existing residences is achieved through appropriate setbacks,
building height, and window and door placement.
The proposed addition complies with all development standards of the Low
Residential zoning district by complying with all current 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 a single-family home and the surrounding uses are also single-
family homes. The addition maintains all required setback and distances from
neighboring residences and is not expected to impact uses or privacy of
neighboring lots.
The proposed addition will not interfere with vehicular or pedestrian movements,
such as access or otherfunctional requirements of asingle-family home because
it is located in the rear of the property, does not impact driveway or public rights -
of -way, and maintains the required off-street parking space requirement.
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:
2 PC Resolution No. 2023-04
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 existing residence with the proposed addition will be similar in mass and
scale compared to other existing two-story homes on adjacent lots. The scale
and proportions of the proposed addition is well-balanced and appropriate for the
site. The height of the proposed addition will not block any views to adjacent
properties. The project will not negatively impact the look and character of the
neighborhood.
The addition incorporates features of the craftsman/bungalow architectural style
of the existing residence and will be compatible with other neighboring
residences. The project is designed to be compatible with the existing homes in
the neighborhood in terms of mass and scale. The addition is set back and
located at the rear of the property, reducing its visual impact.
In summary, the proposed project fits the scale and architectural character of the
existing neighborhood.
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 home is a 1980s tract home with craftsman/bungalow features. The
residence includes elements such as concrete the roof, wood siding, stone
veneer, smooth stucco, and decorative windows and vents. The proposed
addition incorporates these elements and is consistent with the
craftsman/bungalow architectural style. The addition also incorporates a
matching 6:12 pitch gable -style roof with matching roof eaves and fascia. Overall,
the addition maintains an aesthetically appealing uniform design and creates a
desirable living environment.
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.
3 DR PL2022-115
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) asset 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. Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing.
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 Pesolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the property owner, Xinqin Lai, 20849 East Cliffside Lane, Diamond Bar,
CA 91765.
APPROVED AND ADOPTED THIS 14TH DAY OF FEBRUARY 2023, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
RaymonkI Wolfe, Chai pers
I, 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 14th day of February 2023, by the following vote:
AYES: Commissioners: Garg, Barlas, Rawlings, V/C Mok, Chair/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: ��/UY.----
Greg Gubman, Secretary
4 Oft PL2022-115
nt`tolvn ttaRlllCOMMUNITYDEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2022-115
SUBJECT: To construct an 890 square -foot two-story addition and an 84
square -foot porch to an existing 1,306 square -foot single-family
residence on a 0.19 acres (8,382 square -foot) lot.
PROPERTY Xingin Lai 20849 East Cliffside Lane, Diamond Bar, CA 91765
OWNER/
APPLICANT:
LOCATION: 20849 East Cliffside Lane Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
I. 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. PL2022-115 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.
�j PC RESOLUTION NO.2023-04
(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. PL2022-115, 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. 2023-04, Standard
Conditions, and all conditions of approval 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.
6 PC RESOLUTION NO. 2023-04
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, 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. PL2022-115 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
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 to construct an 890 square -foot, two-story addition and an
84 square -foot porch to an existing 1,306 square -foot single-family
7 PC RESOLUTION NO. 2023-04
residence located at 20849 East Cliffside Lane, 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 Is 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.
PC RESOLUTION NO. 2023-04
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
ensure 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.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-70201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
1. All work shall be in conformance to the most current Building Code series.
2. 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.
3. The property shall remain clean and free of trash and debris. The property
shall be protected by fencing with all construction equipment hidden
behind the fencing.
4. Drainage patterns shall flow away from building structures and property
lines.
5. Eaves within 5' to property lines shall be protected and enclosed.
6. All sleeping rooms shall have at least one window or door that affords
emergency egress.
9
PC RESOLUTION NO.2023-04
7. The access easement to the adjacent property shall be provided for plan
check record.
8. CA Energy Code lighting compliance measures shall be implemented onto
plan.
9. Structural design and details shall be completed for submittal for plan
check.
Q PC RESOLUTION NO. 2023-04