HomeMy WebLinkAboutPC 2014-11Ai RESOLUTION COMMISSION OF A..CITY ,•
• ar:,CALIFORNIA, APPROVING r •
-
AND MINOR CONDITIONAL USE PERMIT NO. PL2013-136 To
CONSTRUCT A TWO-STORY ADDITION CONSISTING 0
1,799 SQUARE FEET
OF ••- AREA :N • : 163 SQUARE -FOO
PATIO COVER TO AN EXISTING 2,933 SQUARE -FOOT SINGL
FAMILY RESIDENCE WITH AN ATTACHED 609 SQUARE -FOO
GARAGE AND 336 SQUARE FEET OF PATIO COVER AREA ON ,
0.43 GROSS ACRE (18,750 SQUARE -FOOT) LOT; A MINQ0
CONDITIONAL USE PERMIT IS R• • TO • :.
SETBACKTWO-STORY ADDITION TO AN EXISTING NONCONFORMINi
STRUCTURE WITH A SIDE OF • FEET, WHERE FIV
FEET IS REQUIRED AT 24209 BRYN ATHYN WAY, DIAMOND BA
: 91765 A' 8701 016-021).
A. RECITALS
1. The property owners, Vincent and Terry Yang, and applicant, Rupert Mok,
have filed an application for Development Peview and Minor Conditional
Use Permit No. PL2013-136 to construct an addition consisting of
1,799 square 'feet of floor area and a 163 square -foot patio cover to an
existing two-level, 2,933 square -foot residence with a 609 square -foot
garage and 336 square feet of patio area located at 24209 Bryn Athyn
Way, Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a two-story addition consisting of
1,799 square feet of floor area including a 1,091 square -foot first
level addition towards the side of the home and 708 square -foot
second level addition towards the side of the home; and
(b) Minor Conditional Use Permit to allow a second level addition to an
existing nonconforming structure with a side setback of zero feet (five
feet is required);
Hereinafter in this Resolution, the subject Development Review and Minor
Conditional Use Permit shall be referred to as the "Proposed Project,"
3. The subject property is made up of one parcel totaling 18,750 gross
square feet (0.43 gross acres).. It is located in the Low Density Residential
(RL) zone with an underlying General Plan land use designation of Low
Density Residential.
4. The legal description of the subject property is Lot 17 of Tract 42578. The
Assessor's Parcel Number is 8701-016-021.
5. On April 11, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On April 10, 2014, public hearing notices were
mailed to property owners within a 1,000 -foot radius of the Project site.
Public notices were posted at the City's designated community posting
sites on April 11, 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.
6. On April 22, 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:
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) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
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Planning Commission Resolution No. 2014-11
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 two-story addition consisting of
1, 799 square feet of floor area and 163 square feet of patio/balcony area
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 except the side setback due to an existing
nonconforming side setback of zero feet. The addition is proposed toward
the front and north side of the property. The proposed addition does not
further encroach into the side setback. 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"
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the
project site is designed for a single-family home and the surrounding uses
are also single-family homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway
widths and is a continuation of an existing use.
3. The architectural design of 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-,
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Planning Commission Resolution No. 2014-11
The existing style of the home is 1980s tract design. The applicant is
proposing to add to an existing two-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 4:12 pitch. The project is designed to be compatible and
complementary to the 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 design of the existing single-family home is 1980s tract home.
Consistent building elements have been achieved through the utilization of
similar architectural features and building materials. The second story
addition is located towards the center of the house, which will reduce the
overall mass and scale of the building as seen from the street. Also, the
addition is located approximately 60 feet from the neighbor to the north,
and therefore, the addition will not negatively affect the adjacent neighbor.
Furthermore, the addition will match the existing home in color and
building materials and will incorporate similar architectural features.
Therefore, the addition will be visually integrated into the existing home
and not negatively impact the look and character of the neighborhood.
5. The proposed development will riot 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).
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Planning Commission Resolution No. 2014-11
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
guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. 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 permitted use in the RL zone. A
Minor Conditional Use Permit (MCUP) is requested to allow a second level
addition to an existing nonconforming structure with a side setback of 0",
where five feet is required.
The substandard distance to the side property line renders the project
nonconforming. The addition of a nonconforming structure requires
approval of a Minor Conditional Use Permit because the addition is
greater than 50 percent of the existing square -footage of all structures on
site and is not limited to the ground floor. The proposed addition
consisting of 1,799 square feet of floor area and 163 square feet of
patio/balcony area to an existing two-level home complies with the
development standards of the RL zone and will not further encroach into
the he nonconforming front setback.
2. 'The proposed use is consistent with the general plan and any applicable
specific plan:
The proposed addition to a single-family dwelling unit is consistent with
the City's adopted General Plan. The site is not subject to the provisions
of any specific plan.
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 addition consisting of
1, 799 square feet of floor area and 163 square feet of patio/balcony area
will not further encroach into the existing nonconforming side setback of 0"
to the side property line. The proposed addition is located on the north
side of the property and will be located ten feet from the north side
property line, The proposed project is consistent with the surrounding
neighborhood. The design of the existing single-family dwelling and the
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Planning Commission Resolution No 2014-11
proposed addition are compatible with the character of the existing homes
in the neighborhood.
4. The subject site is physically suitable for the type and dens ity/intensity of
use being proposed including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints. -
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 of floor area is consistent with the development standards for the
RL zone and will not further encroach into the existing nonconforming side
setback. Because the proposed second floor, addition is set back 20 feet
from the front property line, the addition will not add bulk to the front of the
house as seen from the street.
5. 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 addition of
the existing single-family dwelling unit in a manner similar with existing
dwelling units located in the surrounding neighborhood. The proposed
expansion of the dwelling unit will not negatively impact the public interest,
health, safety convenience or welfare.
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 structure) of the CEQA Guidelines.
Basedupon 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.
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Planning Commission Resolution No. 2014-11
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, Terry. and Vincent Yang, 24209 Bryn
Athyn Way, Diamond Bar, CA 91765, and applicant Rupert Mok,
829 S. Lemon Ave. Suite A11 -B, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 22nd DAY OF APRIL 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M
1, Greg GUbman, PlanninV Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 22nd day of April, 2014, by the following vote:
AYES: Commissioners: Lin, Low, Pirritano, Chair/Farago
NOES: Commissioners: None
ABSENT: Commissioners, Shah
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
7
DR MCUP PL2013-136
flip_ l�l a ill COMMUNITY DEVELOPMENT DEPARTMENT
JSE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AN -F,
VEMODELED STRUCTURES I
PROJECT #: Development Review and Minor Conditional Use No. PL 2013-136
SUBJECT: To construct an addition consisting of 1,799 square feet of floor
area and 163 square feet of patio/balcony area and a Minor
Conditional Use Permit to allow a second level addition to an
existing nonconforming structure with a side setback of 0" (5' is
required)
PROPERTY Vincent and Terry Yang
OWNER(S): 24209 Bryn Athyn Way
Diamond Bar, CA 91765
APPLICANT: Rupert Mok
829 S. Lemon Ave. Suite All -B
Diamond Bar, CA 91789
LOCATION: 24209 Bryn Athyn Way, 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. 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 and Minor• Conditional Use Permit
No. PL2013-136 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and
ernployees are made a party of any such action'.
8
DR/MCUP NO. PL2013-136
(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 and Minor Conditional Use Permit
No. PL2013-136, 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, 2014-11, 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 ill 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.
& 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,
& 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.
9
Planning Commission Resolution No 2014-11
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
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 and Minor Conditional Use Permit No.
PL2013-136 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). The• applicant may request in writing a one year time
extension subject to DBMC Section 22.60.050(c) for Planning Commission
approval.
D. 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.
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Planning Commission Resolution No. 2014-11
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
71;1001M���
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.
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 the grading 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, Please refer to City handouts
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 with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development
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Planning Commission Resolution No. 2014-11
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,
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 9 •'.
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e., 2013 California Building Code
series) 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.
3. Only one single family dwelling is allowed on this property unless specifically
approved otherwise per CBC 202. Only, a single existing kitchen is allowed in
this home.
4. The loft areas on the second floor are not to be used for sleeping purposes due
to lack of emergency egress openings.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL:
1. Fire Department approval is required for fire flow availability due to enlarging
home to greater than 3,600 square feet per CFC Appendix B105.2 and Table
B105.1.
2. The rninimurn 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.
3. 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).
4. Indoor air quality shall be provided consistent with ASHRAE 62..2 as required
per California Energy Code 150(0).
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Planning Commission Resolution No, 2014-11
5. Public Works/Engineering Department is required to *review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan submitted to
the Building and Safety Division.
6. All balconies shall be designed f6r 60lb/ft live load.
7. All easements shall be shown on the site plan.
8. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
9. Light and ventilation shall comply with CBC 1203 and 1205.
1. 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.
2. 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.
3. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
4. 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,
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
1. 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. Otherwise, permits will expire if work has
discontinued and not been signed -off on the job card by the building inspector
within a 180 day period.
2. 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,
3. 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,
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Planning Commission Resolution No 2014-11
4. 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.
5. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
6. A height and setback survey may be required at completion of framing and
foundation construction phases, respectively.
7. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
8. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
9. 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.
10. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any work.
11. all glazing in hazardous locations shat' be labeled as safety glass. The labeling
shall be visible for inspection.
12. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
13. 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 grading/drainage plan.
14. Decks, roofs, and other flat surfaces shall slope at least 1/4" per foot with water
proofing material that has been approved and is listed. 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.
15. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
,ED
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Planning Commission Resolution No. 2014-11