HomeMy WebLinkAboutPC 2012-10PLANNING COMMISSION
RESOLUTION NO. 2012-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING MINOR CONDITIONAL USE
PERMIT AND DEVELOPMENT REVIEW NO. PL 2012-43 TO CONSTRUCT A
NEW 434 SQUARE FOOT ROOM ADDITION, ON A 0.36 GROSS ACRE 15,760
SQUARE -FOOT (0.36 GROSS ACRE) LOT LOCATED AT 21927 PAINT BRUSH
LANE, DIAMOND BAR, CA 91765 (APN 8292-016-049).
A. RECITALS
1. The property owner Che Tang has filed an application for Minor Conditional
Use Permit and Development Review No. PL 2012-43 to construct a new
434 square -foot roorn addition to the front of an existing two-story single
family home located at 21927 Paint Brush Lane, City of Diamond Bar,
County of Los Angeles, California, Hereinafter in this resolution, the subject
Minor Conditional Use Permit and Development Review shall collectively be
referred to as the "Project,"
2. The subject property is made up of one parcel totaling 15,760 square feet
(0,36 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 Tract 31151 Lot 10. The
Assessor's Parcel Number is 8292-016-049.
4. On March 30, 2012, 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 1,000 -foot radius of the Project site and public notices were posted
at the City's designated community posting sites on March 30, 2012. In
addition to the published and mailed notices, the project site was posted with
a display board.
5. On April 10, 2012, 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. 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)
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 434 square -foot room addition is
consistent with the City's General Plan, City Design Guidelines and
development standards. The proposed addition will result in an update to the
facade of the existing residence and will be consistent with the existing colors
and materials.
The project site is not pall 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 room addition to the existing residence will not interfere with
the use and enjoyment of neighboring existing or future developments site is
an existing residence in an established neighborhood..
The proposed addition will riot interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it is an addition to an existing residence and complies
with the requirements for driveway widths and grades.
2
MCUP/DR No. PL2012-43
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 new room addition is designed to be compatible with the character of the
existing residence and surround 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 rernain
aesthetically appealing;
The design of the new room addition maintains the existing architecture of
the 1970's tract home while improving and updating the facade of the
residence, and maintaining the existing building materials, and landscaping.
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, and Los Angeles County
Fire Department requirements. Through the pen -nit 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.
& 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 Linder Article 19
Section 1530 1 (e) (addition to an existing structure of less than 10, 000 square
feet) of the CEQA Guidelines.
Minor Conditional Use Permit Findings (Dl3MC Section 22.56.040
7, The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal Code;
The existing single-family dwelling is a pen-nitted use in the RL zone. The
existing side yard separation between structures of 13 feet renders the
project nonconforming. The addition to a nonconforming structure requires
3
MCUPOR No. PL2012-43
approval of a Minor Conditional Use Permit. The proposed 434 square -foot
addition complies with all development standards of the RL zone including
setbacks, height and floor area.
8. The proposed use is consistent with the general plan and any applicable
specific plan-,
The proposed addition to a single-family residence is consistent with the
City's adopted General Plan. The site is not Subject to the provisions of any
specific plan,
9. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity-,
The existing single-family dwelling and the proposed 434 square -foot
addition is consistent with the development standards for the site and the
surrounding neighborhood. The design of the proposed addition is
compatible with the neighborhood through the use of similar architectural
features.
10. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision Of utilities, compatibility with
adjoining land uses, and the absence of physical constraints; and
The subject site is physically Suitable for' the existing single-family residential
dwelling, and the proposed addition. The existing and proposed use of land
is consistent with the Surrounding land uses. The proposed addition is
consistent with the development standards for the RL zone.
11. Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property or improvements in the vicinity and zoning district in
which the property is located-, and
The granting of the Minor Conditional Use Permit will allow the continuation
of a nonconforming building separation, permitting an addition to the existing
single-family dwelling in a manner similar with existing dwelling units located
in the surrounding neighborhood. The proposed addition to the residence
and will not negatively impact the public interest, health, safety convenience
or welfare. Prior to 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 Department. The referenced
agencies through the permit and inspection process will ensure that the
proposed project is not detrimental to the public health, safety or welfare, and
materially injurious to the properties or improvements in the vicinity.
12. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
4
MCUPIDR No. PL2012-43
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) (addition to an existing structure of less than 10,000 square
feet) 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:
Development shall substantially comply with the plans and documents presented to the
Planning Commission at the public hearing regarding this proposed project.
1. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall,
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, CheTang, 21927 Paint Brush Lane, Diamond
Bar, CA 91765.
APPROVED AND ADOPTED THIS 10th DAY OF APRIL 2012, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR
By:
Jimmy Lin, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of April, 2012, by the following vote:
AYES: Commissioners'. Farago, Torng, VC/Nelson, Chair/Lin
NOES'. Commissioners: None
ABSENT: Commissioners'. Shah
ABSTAIN: Commissioners'. None
ATTEST:
Greg Gubman, Secretary
5
MCUPOR No. PL2012-43
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Minor Conditional Use Permit and Development Review,
No. PL2012-43
SUBJECT: To construct a a new 434 square foot room addition to the front of
an existing single family home on a .36 gross acre lot.
PROPERTY Che Tang
OWNER/ 21927 Pain Brush Lane
APPLICANT: Diamond Bar, CA 91765
LOCATION: 21927 Paint Brush Lane, 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
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 Minor Conditional Use Permit and Development Review
No. PL2012-43 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
6
MCUPIDR No PL2012-43
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 Minor Conditional Use Permit and Development Review
No. PL2012-43, 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. 2012-10, 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.
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.
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
7
MCUP/DR No PL2012-43
C.
A
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 cornes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
TIME LIMITS
1. The approval of Minor Conditional Use Permit and Development Review
No, PL2012-43 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 DBMC 22.60,050(c) for Planning Commission
approval.
SITE DEVELOPMENT
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.
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.
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,
MCUP/DR No PL2012-43
applicant or by a duly permitted waste contractor, who has been authorized by
the City to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such services.
2 Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 71-00 a.m. and 5:00 p,rn., 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.
B. SOILS REPORT/GRADING/RETAINING WALLS
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 6 foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
C. DRAINAGE
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 frorn the site to the natural drainage course. No on-site
drainage shall be conveyed to adjacent parcels, unless that is the natural
drainage course
D. OFF-SITE STREET IMPROVEMENTS (Not required)
9
MCUP/DR No PL2012-43
E. UTILITIES
Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
F. SEWERS/SEPTIC TANK
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.
G. 'TRAFFIC MITIGATIONS (Not Required)
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, Occupancy of the facilities shall not commence until such time as all California
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy,
3. Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within 180 days
from the date of such permit or work has discontinued and not been signed -off
on the job card by the building inspector.
4. Construction activities causing the operation of any tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall be conducted
Mon. — Sat. between the hours of 7:00 a.m. and 7-00 p.m.
5. The project shall be protected by a construction fence to the satisfaction of the
Building Official,
6. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
7. Existing fencing shall remain in-place during construction including pool barrier
fencing. Any alteration of the fencing may result in a discontinuation of
construction until the fences are returned to its original state.
8. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
9 Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8,16 of Title 8.
10
MCUPOR No PL2012-43
10. 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.
11. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 119 and 150(k).
12. Prior to Building permit issuance, all school district fees must be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
13. Indicate all easements on the site plan.
14. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
15. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% rninimurn slope.
16. Specify location of tempered glass as required by code.
17. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
18. 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.
19. AQMD notification is required at least 10 days prior to any demolition.
20. All workers on the job shall be covered by workmens compensation insurance
under a licensed general contractor..
21. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
22. Footing depths shall be at least 24" embedment for exterior and 18" for interior
with 2#4 top and bottom unless a soils report states otherwise.
23. Temporary shoring shall be provided until structural support is provided for the
second floor structure.
24. An interior shear wall or steel column design is required which includes the
appropriate lower value for steel cantilever columns where applicable.
11
MCUP/UR No PL2012-43
25, Glass railings shall be designed with a factor of safety of 4 with support on all 4
sides.
26. The interior alteration area shall be clearly labeled on plans including a
breakdown on the first sheet of plans and the peri -nit application consistent.
27. Structural observation is required for foundation, frarne, and shear.
12 MCUP/DR No PL2012-43